Research On Remedies For Corporate Deadlock In China

ABSTRACT:In the market economy, the company as the most important form of business organization for economic prosperity and development has played an irreplaceable role. But in reality, the company's operating practices and systems have also been some discordant notes, one of them is company deadlock. Deadlock will not only endanger the company's continued existence and development, and serious damage to shareholders, creditors, employees and other stakeholders'benefits, and even affect the social harmony and stability. After China's new "Company Law" issued, judicial began to intervene in the problem of deadlock, but there isn't make scientific and reasonable requirements to Establishment of a complete break company deadlock system. This paper focuses on the legal issues of corporate deadlock, and then do more in-depth analysis of the company types and causes, research foreign relief system of company deadlock, and put forward improvement suggestions.The first part is the introduction. The second part is an overview of some of the corporate deadlock. The third part is the company deadlock theory of legal remedies.The fourth part is the way foreign companies deadlock Comparative Study of relief, including judicial dissolution of the company system, mandatory share exchange system, the appointment of temporary directors, the appointment of manager or interim receiver, through the use of mediation, arbitration and other means and means of relief.The fifth part is the status of the company and breaks the deadlock Review Mechanism. First introduced the issue of the status of the company deadlock, then there is legislation in China the company to break the assessment mechanism, and finally break the deadlock mechanism proposed in our company there is the judicial confusion and theoretical differences.Part VI is to improve the system of the company to break the deadlock. Has four main aspects of the proposal, first of all, detailed articles of association to improve prevention and response mechanisms; second, improve the enforcement of judicial dissolution of the system; Third, a mandatory tender offer system; finally, establish some supplementary remedies.