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公司作为营利性社团法人,通过股东和董事行使权力和职权而得以运作。而因为利益诉求的差异,股东、董事之间出现严重的利益分歧或者冲突,将可能出现公司僵局的情形。面对这一局面,我国的公司僵局救济措施经历了一个从无到有的漫长过程,但相较于国外发达国家,我国的救济措施无论是在实行的可行性还是选择的多样性,都稍逊一筹,难以在实务操作过程中有效解决。为此,有必要在借鉴国外立法和分析我国相关制度构建的基础上对我国公司公司僵局救济制度进行重新的构建和完善。
As a for-profit corporate corporation, the company operates through the exercise of powers and authorities by shareholders and directors. However, due to differences in interest demands, serious disagreements or conflicts between shareholders and directors may result in the company’s deadlock. Faced with this situation, China’s corporate deadlock relief measures have experienced a long process from scratch, but compared to developed countries in the world, China’s relief measures both in the implementation of the feasibility and choice of diversity, are slightly Smaller, it is difficult to effectively solve the practical operation. Therefore, it is necessary to re-construct and improve the relief system of the impasse of corporate companies in our country on the basis of referring to foreign legislation and analyzing the construction of relevant systems in our country.