| Company is the main body of market economic activity, has significant effect to thedevelopment of the society. Company, in the process of operation will face difficulties,management company deadlock, damage to the shareholders and the company, not only willbring bad influence to employees, creditors, society. Through legal defense in advance andafterwards relief is very necessary. Article183of Chinese corporation law rules thatstockholders with more than ten percent of the voting power of one corporation have the rightto require people’s court to dismiss the corporation where the operating management of thecorporation encounters serious hardship and the interest of the whole shareholders will begravely harmed if the corporation continues to exist, whore more, there is no other way out.But which too principle, ambiguous, no matter in theory or practice all caused widespreadcontroversy. In this paper, a typical case, gives a detailed analysis to the problem of corporatedeadlock, and puts forward some advice of corporate deadlock. Introduction, main body andperoration are three parts of this paper. The main body is composed by the following fiveparts:Part one, the case is introduced. Discover the issues related to the corporation deadlockthrough an introduction of this case’s basic information and its conclusion.The second part,"the company management serious difficulties" is concluded that thecore issue of corporate deadlock. This part mainly to the company "serious difficulties"management, and analyze the controversial point.The third part, the paper analyzes the "will continue to operate major of damage toshareholder interests" judgment standard."shareholder value" and "significant loss" aredefined.The fourth part, analyze the "through other way cannot solve", understand what is "inother ways can’t solve, and the "other ways" are defined.The fifth part, by defining the corporate deadlock, the current legislative law, putsforward some Suggestions to perfect the corporate deadlock relief. |
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