论公司僵局的司法救济经济法学专业论文.docxVIP

Abstract Abstract 1 1 Corporate deadlock is one of a series of problems that exists in the system of decision or management caused by the confrontation between shareholders and the directorsmaking the managerial mechanism corporate system corrupted totally and irreversibly. If this situation cannot be reversed, it will develop into a catastrophe and then spread from the inside to the outside and from the point to the surface. The issue of corporate deadlock should cause our due attention and recognition. How the judiciary get involved into the settlement of the issues is the key to study the judicial relief in the problem of corporate deadlock. Although The New Company Law in China consists of contents about the essentials of corporate deadlock, it is not a systematized legal department, in which the norms are ambiguous and sole. Consequently, problems cannot be solved effectively. They may sometimes be able to solve some particular issues, but actually go to the extreme. Because of the limitation in Positive Law, it is very necessary and urgent to study this question. Based on a brief analysis of the concept and the main classification of corporate deadlock, this article takes the judicial dissolution of the company system as a breakthrough. Through analyzing and comparing company laws between the Anglo-American countries and the civil law countries, this paper try to consummate the judicial dissolution of the company system. Besides, it will perfect the newly added compulsory equity purchase system and the provisional director relief system, thus contributing to the settlement of corporate deadlock. Keywords: Corporate deadlock; Judicial relief; Judicial dissolution; compulsory equity purchase; Provisional Director 目录 目 录 1 1 一、引言 1 二、公司僵局的概念及其类型 1 （一）概念简述 1 （二）公司僵局的分类 3 三、司法介入的路径 5 （一）比较法研究 5 （二）我国公司法的局限 10 （三）我国公司法完善的思路 12 四、司法解散 14 （一）适用条件 14 （二）诉讼程序 15 （三）其他规定 18 五、强制股权购买 19 （一）适用条件 20 （二）诉讼程序 20 （三）其他规定 23 六、任命临时