Research On Suits Of Shareholder Expulsion Of The Limited Liability Company In China

As a efficiently settlement mechanism for inner structural inconsistency ofcompany, the shareholder expulsion institution of the Limited Liability Company wasstipulated by the Third Judicial Interpretation on Company Law, which means theshareholder’s qualification can be deprived by company because of his personalreasons. While compares with other shareholder expulsion institutions of developedcountries, we still have many deficiencies on legislation and judiciary whichurgently needed to be perfect.The deficiencies on our legislation is the reasons stipulated for shareholderexpulsion are too narrow, which can’t meets the demands of judicial practice, andleads to disputes on the validity of shareholder expulsion clause in the memorandumof association; while the deficiencies on our judicial practice is the unconformity ofjudgments on the same case, also company with the judges’ unaccustomed to thecommercial affairs.In view of this, the judge should take right measures for dealing with suits ofshareholder expulsion, which involves hold right commercial judgments ideas,examine the substantial items and procedural items of expulsion course, etc.Besides to the preface and the conclusion parts, the paper consists of five parties,their contents are as follows:Part One is mainly about the basic theory of the shareholder expulsioninstitutione.Part Two is mainly about the comparison of stipulations and court practices ofshareholder expulsion institution in German, U.S.A, Japan and China. Part Three is mainly about the court practice of shareholder expulsion institutionin China.Part Four is mainly about the right measures on judgments ideas, and substantialitems examination for dealing with suits of shareholder expulsion.Part Five is mainly about the right measures on judgments ideas, and procedureitems and special subjects examination for dealing with suits of shareholderexpulsion.