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Legal Thinking of the company impasse

Author: LiYiMeng
Tutor: ChenKangHua
School: East China University of Politics and Law
Course: Legal
Keywords: Company impasse Legislative proposals Judicial relief
CLC: D912.29
Type: Master's thesis
Year: 2004
Downloads: 213
Quote: 2
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Abstract

Under the conditions of market economy , the company has become the most important and most active business entities . The normal operation of the company by shareholders to exercise their rights and corporate management agencies exercising its powers and functions to achieve company deadlock in the running of the company 's common multiple phenomenon , its consequences for the shareholders and the company is deadly and difficult to reverse . Lack of current legal norms blank or imperfections and judicial experience , making the company the deadlock difficulties and one of the hot issues in corporate litigation . This paper on the the corporate deadlock phenomenon of profiling to explore external factors that led to the company deadlock and substantive factors , summary and reflection of the status quo of China 's legislative and judicial practice , a detailed analysis of the existing legal the processing company impasse disputes under the current legal framework barriers, combined with China 's legislative and judicial practice already try to explain the theoretical basis for judicial intervention in corporate deadlock disputes . On this basis , the effects of the national legal system , combined with our existing legislation and judicial practice , propose ways to solve the company impasse within the existing legal framework , derived from the company's litigation judgment compulsory acquisition of shares , the judgment to force the dissolution of the company the three aspects of physical solutions , and the company the impasse proceedings cause of action , the subject of litigation status defined procedural issues were discussed . Finally , by drawing on advanced foreign legal system , combined with China's actual proposed specific legislative proposals to build the company deadlock resolution mechanism to be useful to improve the relevant legislation and trial practice , and earnestly safeguard the legitimate rights and interests of the shareholders , to promote China 's corporate system health development .

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