The Lack And Perfection Of Corporate Deadlock Relief System In Our Company Law

In recent years, with the number of firms rising, the company deadlock has become an unavoidable problem. The occurrence of corporate deadlock, for both the company and the shareholders is very bad. On the surface, the causes of the formation of corporate deadlock lies in the differences among the shareholders, directors and antagonism.Back to its origin,the reason lies in company system itself. Corporate deadlock occurs mostly in limited liability corporation which has less people and more people combination, because the ownership structure of the company of this kind is unitary and the number of shareholders or directors is less, once contradiction appears, a close stalemate will occurs.Before the implementation of company law in 2006, lawmakers didn’t take the company deadlock problem into consideration,the lack of legislation and the ignorance of judicial practice make corporate deadlock problem not solved well. The company law in 2005 has solved this problem. The new revised company law took a key step to break the company deadlock, allowing the judicial intervention.It set that shareholders can request the court dissolute company forcibly. And then the corporation law judicial interpretation 2 settle the specific situation of corporate deadlock. But compared with foreign countries whose relief mechanism is relatively mature, our company deadlock relief measures are not perfect. In addition, the understanding of the law and trial ways are different.Therefore, it is necessary to research and discuss company deadlock relief system further.On the structure, this article includes four parts except the preface and epilogue:The first part introduced the basic problem of corporate deadlock, including the definition, types, causes of corporate deadlock. The second part mainly introduced the company deadlock relief system of foreign country, by the analysis of the foreign company deadlock relief system, the article put forward suggestions combined with China’s national conditions; The third part puts forward the problems of corporate deadlock relief system in our country, this part mainly introduces the existing corporate deadlock relief system in our country, and pointed out some problems in the existing system.; The fourth part introduces suggestions of perfecting our country’s corporate deadlock relief system mainly in order to protect minority shareholders’ interests and prevention corporate deadlock.