Study On The Legel Remedy Of The Company Deadlock

Based on limited liability Company's People Trust and Closed feature, company cannot avoid the occurrence of deadlock, as the company developing more rapid, the incidence of such deadlock phenomenon also has been improved along. But before the new Company Law was promulgated, lack of people's consciousness and legal gaps, caused the company, shareholders and society which interests was seriously damaged. The phenomenon of company deadlock has concerned in the new Company Law. Article in the law simply rules that can be said to be the solution, however, to achieve full understanding of the theoretical basis for company deadlock and causes, to solve company deadlock effectively, alone by the present Company Law is not enough, To solve the company deadlock thoroughly, Not only depend on law and regulation, But also rely the system and procedure's detailed requirements. To completely resolve the company deadlock, cannot say that a country's way is advanced, a certain means is everything, only after understanding the actual situation of the company deadlock, further combining with their own country's judicial environment, to select one or more effective way to solve the company deadlock.The company deadlock resulting from a variety of reasons, also occurred in different stage levels. In abroad, mainly through the stock exchange, selecting a independent directors, appoint a third party to manage company, judicial dissolution, arbitration and other means to resolve the company deadlock. Theoretical basis of these measures for China to develop measures to solve the company deadlock have some reference value, however, if these measures are directly applied to our own practice, all its conditions are not mature enough. Based on our country's actual situation, now we can take articles of association, stock exchange, judicial dissolution, etc, but these measures cannot be selected at will, but there must be a sequence of priorities, only other means does not work, we can choose the most severe measures of judicial dissolution.