Research On Partnership Deadlock

Partnership is an important form of business organization in our country.With the development of market economy in our country,this form is used more and more in economic activities,and the phenomenon of partnership deadlock will gradually show an increasing mechanism.Especially in recent years,a large number of partnership private equity funds have the possibility to cause partnership deadlock.However,unlike the maturity of the research on corporate deadlock both in theory and practice,the research on partnership deadlock is basically blank.Starting from the cases of company deadlock and partnership deadlock,this paper compares the similarities and differences between company deadlock and partnership deadlock,and examines the history of company deadlock and partnership deadlock in legislation and practice.At the same time,it also compares the different forms of partnership between China and the United States,and puts forward the concept of partnership deadlock.The partnership deadlock is a State of fact in which opposite opinions among partners occur during the period of operation and management,resulting in the continued conflict,unable to make effective decisions,caused the failure to achieve the objectives of the partnership.After putting forward the concept,this paper further analyzes the characteristics and classification of partnership deadlock,and holds that partnership will be characterized by subjectivity,result,continuity and legality.Four classifications ofpartnership deadlock are proposed,that is,according to the level of deadlock,the causes of deadlock,the voting rights and the stages of deadlock.Through the study of characteristics and classification,we deepen our understanding of the deadlock in partnership.The causes of the partnership deadlock are discussed in this paper.The main reasons for the deadlock are the differences in the interests of the partners,the inherent defects in the corporate governance structure,the contradictions in the dissolution system of partnership and the lack of the pre-prevention function of the partnership.This paper further analyzes the theoretical basis of the partnership deadlock.It is analyzed from collection theory,entity theory,contract theory,normative theory and trust obligation in partnership management.The paper proposes a solution to the partnership deadlock,including the self-relief mechanism,the Third-party Relief Mechanism and the judicial relief mechanism.The self-relief mechanism of the partners includes the partnership agreement,the withdrawal mechanism and the dissolution mechanism;the third-party relief mechanism includes mediation and arbitration;and the judicial relief mechanism includes judicial dissolution,compulsory partner withdrawal and mandatory judicial custody of enterprises.At the end of the article,this paper puts forward the means to prevent partnership deadlock and the remedy of the partnership,and suggests that we should act on the legislative level,deepen the study on the academic level,establish the means of judicial remedy,and make clear the application of partnership deadlock.In particular,it is suggested that the partners should pay more attention to partnership agreement.It will do a good job in preventing and relieving the partnership deadlock from the source.