Study On The Legal Issue Of Corporate Deadlock

From the perspective of market-oriented economy, company as a form of businessorganization plays an irreplaceable role in economic prosperity, but in practice there are alsosome disharmony with the expectance, judicial interferences became formal remedies tocorporate deadlocks after the latest Corporate Law was issued. corporation deadlock, whichmainly exits in limited liability corporation, is a unique problem emerging from the encounterbetween modern enterprise system based on three basic principles of corporation capital andcapital determinism and enclosure of limited liability company. The appearance ofcorporation deadlock makes the normal operational state of the corporation at a standstill,even risks paresis. Once the corporate deadlock forms, it will harm much the interests ofshareholders, corporation, creditors and the employees, even the social harmony and stability.But the latest corporate law doesn't have a whole set of legal stipulation on remedies ofcorporate deadlocks. This thesis surrounds the legal issues of corporate deadlocks, analysis ofthe causes and type of the corporate deadlocks in depth, compared the related measures ofoutword in resolving the corporate deadlocks and put forward the proposal of the law. On thelogic of ideas in this paper, it expresses in accordance with the corporate deadlocks basicproblems-theories of the origins which break the corporate deadlocks-the theories andpractices of abroad in solving the corporate deadlocks-the interpretation of the programs inbreaking the corporate deadlocks-the current situation of our country'legal system inresolving the corporate deadlocks and how to perfect it, this article will focus on the corporatedeadlock to explore the resolution of the deadlock from it's definition characteristics, causesand effects with the formation. Through employing analysis method of comparative law,learning from the legislation experience abroad and applying to the factual situation in ourcountry. The writer finally proposes the main modes of the judicial intervention in corporationdeadlock: mandatory judicial dissolution and the third-party alternative judicial relief. Thewriter finally proposes the detailed assumption on the legal system of the remedies tocorporate deadlocks.