A Study On Shareholder Expulsion System Of China’s Limited Liability Company

The shareholder delisting system,as one of the ways for shareholders of limited liability companies to withdraw,plays a unique role in maintaining the trust relationship of shareholders and protecting the interests of shareholders.But so far,the company law of our country has not stipulated the system of shareholder delisting,but only in the judicial interpretation of company law(Ⅲ),article 17 provides the rules of shareholder delisting in specific circumstances and there are some ambiguities and gaps in this provision.To this end,this thesis analyzes the existing problems of shareholder delisting system under the current regulations by using empirical method,and puts forward some suggestions to improve the shareholder delisting system in China.Apart from the foreword and summing-up,this thesis consists,of four sections.The first section is a brief introduction of the shareholder delisting system of limited liability companies.First,the thesis compares different scholars’.definitions of shareholder delisting and giving their own understanding.It also proves the legitimacy of the system of shareholder delisting of limited liability company through the theory of company contract and community autonomy.In the meantime,it analyzes the significance of the system of shareholder delisting in our country.The second section introduces the current regulations and judicial practice of shareholder delisting of limited liability company in our country.This thesis makes a comprehensive analysis of the existing provisions of shareholder delisting in China from four sections:suitable principal body,suitable causes and so on,which makes a statistical analysis of the cases of shareholder delisting in China in the past five years,presenting the judicial practice of shareholder delisting system in China.In this part,some suggestions are put forward to improve the delisting of shareholders of limited liability company in China from delisting reason,delisting procedure,legal consequence of delisting and the remedy of relevant stakeholders.