Our Company Deadlock, Judicial Remedy The Dilemma That Face And Countemeasure

Corporate deadlock refers to the failure of a company's effective operation mechanism, all businesses of the company would still stay paralyzed, which can be caused by the conflict or contradiction of interest between different shareholders or corporate management personnel. The board or shareholders could not manage to hold any conference and make effective resolutions due to the rejection of their business partners. There are many reasons for the appearance of corporate deadlock. The state of deadlock is not only harmful to the corporate itself, but also affects the shareholders, creditors of the corporate and other relevant person. Otherwise, the internal mechanisms of company cann'nt solve corporate deadlock effectively. The company and the rights and interests of the shareholders will be subject to serious damage. So exploring the means of judicial remedies of corporate deadlock becomes an important subject in research of the Corporation Law of China.The new Corporation Law of China fills up the legislative blank about corporate deadlock, only stipulates one means of remedies. That's the system of involuntary judicial dissolution. But the means of judicial remedies which the new Corporation Law of China offers are too single, the provision of our Corporation Law is too general, and the practicality is not strong. That makes the judicatory organization facing a lot of difficulties when they exercise. For the above questions, this article try to deep research relevant theory problems about corporate deadlock, reviews some advanced experience abroad of means of judicial remedies of corporate deadlock, analyses deeply the judicial remedies system of corporate deadlock and its defects which our Corporation Law stipulates. And on the basis of combining with our actual situation, this article proposes some other ways of improving judicial remedies of corporate deadlock in order to take many ways to judicial remedies for corporate deadlock effectively, and to protect the legal rights of other parties who have related benefits in state of corporate deadlock.