An Empirical Study Of Corporate Dissolution From The Perspective Of Corporate Deadlock

In recent years,the domestic business environment is increasingly optimized and the economic situation is developing rapidly.The number of small and medium-sized enterprises has also increased dramatically,and there is a growing trend in the number of court cases resulting from corporate gridlock.Under the enveloping environment of market economy,there are various conflicts between the operating subjects of the company.Most of these conflicts escalate to the level of the company and eventually bring the company to its knees.But in the trial practice,the treatment of a series of problems of the company deadlock is obviously lagging behind the theoretical research.In the practical trial,the court for company deadlock and the company dissolution case,the judge usually adopt a cautious attitude to deal with,or to violate the company to the principle of autonomy as the reason for ruling the case will not be accepted,there is also a part of,on the grounds of justice not excessive intervention company run for entities to dismiss such cases.Article 183 of the Company Law stipulates the judicial ways to solve the impasse in the face of the company.This article and relevant judicial interpretations provide a strong support for the actual trial work of the judge.However,in the trial practice,most cases of company deadlock are complicated and diversified.Choosing to dissolve the company is not the only way,nor is it the optimal method.The author combined with the recent three years of judicial practice on the company dissolution of the actual cases for empirical analysis,to try to explore the best choice to break the deadlock of the company.This paper will use the method of legal empirical research to select 100 sample cases from October 1,2017 BBB 0,October 1,2020,which have been effective after court decisions in the recent three years,including 22 provinces,5autonomous regions and 4 municipalities directly under the Central Government.On the basis of the overall analysis of the hundreds of judging documents selected in this paper,further detailed analysis is made on the data.Through the feedback of the actual data,the overall grasp of the litigation cases caused by the company deadlock in China’s dissolution of the company,according to the problems found in the analysis process,the practical application of this system operation to further improve.The author firmly believes that the judicial dissolution system will be accompanied by the continuous construction of China’s modern socialist society under the rule of law,and the legislative perfection of company dissolution and the joint efforts of all of us will be more consistent with our social situation,and will also produce a more powerful impetus to the further development of economy.