Limited liability companies play an important role in China’s socialist market economy.Compared with joint stock companies,limited liability companies not only have the characteristics of equity joint ventures,but also have certain characteristics of partnerships.If the reasons attributable to an individual shareholder affect the normal operation of the Company and the failure to remove such shareholder,the Company will face the risk of being dissolved.The Shareholder expulsion system is a system to solve such problem from the perspective of the Company.Among the currently effective normative legal documents of China,the Shareholder expulsion system only exists in the form of judicial interpretations,and the provisions thereof are not perfect enough to meet the need of judicial practice.This paper uses the method of combining theory with practice to deeply analyze the Shareholder expulsion system.The main body is divided into five parts.The first part summarizes the theoretical basis and value of the Shareholder expulsion system.The second part quotes two typical cases to draw the focus question.The third part analyzes the problems of the Shareholder expulsion system in our country,the fourth part summarizes the American and German laws and the enlightenment to our country’s legislation,the fifth part puts forward the legislative proposal.Through the research of this paper,I hope to make a small contribution to the perfection of our country’s company law. |