The Research Of Mutual Influence Between The Company Law Legislation And Judicial Interpretation

Topic of this paper is to study a problem with the deepening of exploration. The researchfor mutual influence of company law legislative and judicial interpretation is aninterdisciplinary areas of research between the company Law and the Judicial. Why we are toexplore this relationship? Because company law and the judicial interpretation are building acompany law legal system together. What kind of relationship is formed between companylaw and the judicial for the perfection of company law legal system. Which make animportant guiding role to company economic prosperity development.Therefore, We around this topic and put forward series of question to consider: If thecompany law legislation need Judicial interpretation? What is the theory basis of the demand?What kind of relationship should be between the company legislative and judicialinterpretation? What kind of modality should exist between company law and the Judicialinterpretation? Is it to build legal environment by parallel manner in which company is to setup and operate and dissolute? And is it to promote company economic development inpositive interaction way?For this a series of problems, this paper study on the basic of adopting the analysis ofempirical data, combined with the similar theme’research results which the scholars havestudyed, and analyze other countries and regions related reality operation situation and theorydevelopment trend.We are using the theory of law to peel cocoon spinning way for the themeof our country company law and Judicial interpretation of these problems to find buildingdirection one by one.The first part,The theory reason of the demand of the company law legislation forJudicial interpretation. This section make the company law as the research object, we searchthe Company law with incomplete attribute from the method of objective attributes, and thisproperty is not been made up the “gap” of the company law imcomplete, because theadministrative law enforcement, private autonomy, industry associations and other socialfactors have injected. It still need the judicial intervention to resolve the dispute. As startingpoint for analysis, this thesis is using tendency of the quantitaive change and qualitativechange data variety situation and the company law essential attribute to demonstrate thedemand of company law for Judicial interpretation which has a certain objective realisticfoundation and theoretical reasons. The second part, The dynamic response of the Supreme people’s court judicialinterpretation for the needs of the company law. We mainly through the empirical data, andmaking the dynamic analysis of the situation of the response of the Judicial interpretattion ofthe Supreme people’s court for the needs of the company law.This section is divided into threeperiods as the institutional analysis of cross section to inventory the response of the Supremepeople’s court judicial interpretation for the needs of the company law. In the empirical data,we analyze the situation of the content,form and the corresponding subject which is thereflection for the three different periods of the Supreme people’s court judicial explanation inthe aspect of company law. Response of the Supreme people’s court judicial interpretation forthe needs of the company law is defferent in the three different time, which have changed onnot only the content,form and explain method, but also the initiative to impact on companyeconomic impaction, that is to say, response of the Supreme people’s court judicialinterpretation for the needs of the company law has been influenced by thepolitical,economic,culture and other factors. Under the circumstances of the social system,The supereme people’s court also unceasingly change company law judicial interpretation’sform and content in the micro means. When we are to analyze these micro change, we shouldfurther follow-up: Whether the change of the supereme people’s court judicial interpretation isin line with the nature of the company law requirements?The third part, the local company law judicial interpretation property file renewal andmade impact on the company law. The supreme people’s court banned across the higherpeople’s court issued a similar law judicial explanatory file, but which also continue to buildthe company law by vigorous development trend. This part mainly analyzes the localcompany law judicial interpretation property file continue to impact on certain rules ofcompany law. And by using the theory of law to analyze the positive and negative effect onthe company law which these law-making has produced. At the same time, we need toanalyze the other countries and regions jusice is how to influence the company law, andanalyzing how much the significance is, then we put forward the second theme framework ofthis topic: Whether the local company law judicial interpretation file is in line with thecompany law nature needs? How to face up to the positive and negative effect of judicialinterpretaiton property file, and based on this, how measure we should to take to make it playa positive effect to due effect, at the same time,avoid negative effect?The fourth part, the outside obsevation of company law and the judicial interpretation coexist pattern. company law and its judicial interpretation has a few kinds coexist pattern:the one is American model. States company law is interacting with the local judicial, and thereis no company law in the federal national level, but the Supreme Court will affect statecompany law development in case law form; The second is England model. It is the focus onthe judicial and statutory synergy evolution development model. Many sysytem in the2006company law are in place on the basis of the integration of judicial cases related experience;The third is Germany model. Germany is using the method of exquisite technology toimprove company law. Under the statutory framework, Germany allows the federal SupremeCourt to use law explain technique to build company law in legal review; The fourth isJapanese model.The Japanese company law and the judicial is continued development intransplantation. Japanese company law and the justice is on the basis of reference to othercountries, combined with the national characteristics, constantly learning, absorbing,integration, and as the self characteristic of company law system, and pay more attention tothe configuration of the system outside the judicial environment; The fifth is a Taiwanmodel.The judicial interpretation in Taiwan has the microcosmic influence on company lawreform. The five different patterns are not simply list, but to find out the development trend ofcompany law and the judicial interpretation, which is effective interaction, or is it going on itsown way? We are to do this in order to find evolution direction of China’s company law andthe judicial interpretation development model.The fifth part, company law structural reform for response to judicial explanation. On thebasis of the foregoing analysis, we also have to comb whether the company law has respondto the supreme people’s court judicial interpretations from the legislation to the correction. Wemake company law legislation and four revised company law as the point time, combiningwith the first part of the empirical data to analyze, the considerations of the company lawlegislation and corrections to the supreme people’s ourt judicial interpretations is not good,there is also the existence of the impurity with other social factors. This part analyze that thesituation could cause the macro and micro effect, on the basis of this analysis, we suggestcompany law itself struture reform, and put forward specific measures. At the same time, wealso need to locate on the current company law terms and system design standardization,reduce unnecessary judicial interpretation generative space, and appropriate to the principleregulation of the court involving in company on the company general principles. Due to thecompany law litigation is different from the general civil action, therefore, Company law should establish a Non-contentious procedure system, and listed which suits the companyshould develop on the Non-contentious procedures, so as to the company disputes can beresolved by the fast way.The sixth part, The preliminary ideas of company law judicial interpretation evolutiondirection. After the first five parts of the analysis, we have concluded that company law andjudicial interpretation effective interaction is the trend of the development of countries andareas of the world’s company law and judicial interpretation. Then, in this environment, howour country judicial interpretation should to be to respond to company law reform to promotecompany economic development? This part is mainly divided into two aspects to demonstrate:Firstly, the Supreme people’s court law judicial interpretation should be the developmentdirection of evolution. The supreme people’s court should revise the company law judicialinterpretation itself according to the character of company law, at the same time, formulate thejudicial interpretation of the Non-contentious procedure, and complete the connect to thecompany law on the procedure, and strengthen the efficacy development of case guidancesystem; Secondly, the rational response measure for the local company law judicialinterpretation property file, on the basis of facing the positive effect of its system, formulatethe corresponding system to reduce the impact of negative effects.