On The Dissolution Litigation Of A Limited Liability Company In Deadlock

In view with the modern world,as a form of subject in market economy,company plays an important role.High-efficient and stable companies relates much to the development of market economy.We should not overlook that company deadlock in the process of the operation is a phenomenon usually and frequently occurring,which,not only does damage do the company and its shareholders,but also impacts the harmony and stability of the market economy and social order.By the limit of particular system arrangement for a company with limited liability,it is difficult for the shareholders to seek self-remedy.They have no choice but to resort to court for the ultimate remedy.In foreign countries,the establishment and operation of the dissolution litigation for company deadlock can be dated back to over a hundred years ago.Its establishment is a prevailing approach for modern company law and becomes an indispensable part for shareholder-protection system.before the revise of Company Law in our country,the lack of dissolution system for a company in deadlock was castigated by company law scholars and professionals,the revised Company Law stipulates the form of judicial dissolution,however,for the limits of legislative concept and current conditions,its stipulation is so concise and lacks operability.Under the present circumstance of the absence of relevant judicial interpretation and procedural auxiliary legal regulations,it is really a dilemma in the face of parties concerned and judges.On the basis of the basic theories of company deadlock and dissolution litigation and taking the current situation of dissolution of companies in deadlock into account,by means of comparative research on the dissolution litigation in Civil Law System and Case Law System,this essay puts forward some suggestions on the judgment concept,application conditions,specific procedure and auxiliary measures for dissolution litigation.It is hoped to standardized the case-filing and trial of such kind of cases and make the dissolution litigation of companies in deadlock more valuable,practicable and operable.