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Research on Remedies for Corporate Deadlock in China

Author: ZhaoLu
Tutor: WangShiHai
School: Beijing Jiaotong University
Course: Economic Law
Keywords: Company impasse Mandatory Judicial Dissolution Mandatory equity purchase
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 95
Quote: 1
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Abstract


Abstract: In a market economy environment, the company as the most important form of business organization for economic prosperity and development has played an irreplaceable role. In reality, however, the company's operations also appear discordant note system, is one company impasse. The deadlock in the state of the company will not only endanger the continued existence and development of the company, and serious damage to the interests of the shareholders, creditors, employees of the company and other interested parties, and even affect social harmony and stability. China's new Company Law was promulgated after the judicial formally intervene in the handling of the problem of corporate deadlock, but not on the establishment of a complete break corporate deadlock system to make scientific and rational. This paper focuses on the Company impasse legal issues, a more in-depth analysis of the types and causes of the impasse of the company, and analyze our company in foreign companies deadlock relief ways deadlock status and treatment under the premise, have made our company recommended deadlock Relief System. The first part is the introduction. The second part is an overview of part of the corporate deadlock. Introduces the concept of corporate deadlock, characteristics, types, causes and the harm, to can clearly thinking, to pave the way for below. The third part discusses the theoretical basis of the company the impasse legal relief. Exposition of the theory and corporate social responsibility theory frustrated by the company's contract theory, look right, look for a theoretical basis for the later theoretical support. The fourth part is a comparative study of the channels for relief of foreign companies deadlock, including the dissolution of the Company judicial system, the mandatory share exchange system, the appointment of an interim director, the appointment of managers or interim receiver through arbitration means and the use of mediation, and other channels for relief. The fifth part is the the deadlock status quo in our country and its crack mechanism Comment. First introduced to the status of the company deadlock problem in China, followed by a critical analysis of the mechanism of crack our company legislation Finally, our company impasse the cracking mechanisms judicial confusion and theoretical differences. Part VI is to build and perfect the system of our company impasse crack. Mainly four aspects of the proposal, First of all, the refinement of the Articles of Association to improve prevention and response mechanisms; Second, improve the compulsory system of judicial dissolution; Third, the establishment of the system of compulsory share acquisition; Finally, to build ancillary relief measures.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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