Demanding And Meeting Of The Principle Of Moderate Judicial Interference Under Company Law

In recent years, company lawsuits have grown rapidly and changed remarkably, showing a huge demand for the judicial remedies by such interested parties as companies, shareholders, managers, etc. due to the absence or malfunction of the company autonomy. The judiciary should adapt swiftly and respond scientifically to the change according to the nature of the demand. The article analyzes the judicial needs of company on multi-levels from appearance to essence by selecting typical data from local courts and points out that moderate interference is the only answer to such needs and it's a fundamental principle in the judicial field of company law. This principle is established on the needs of the practice while should be applied to and tested by it. Then the article illustrates the application of the principle through concrete examples on such aspects as the aim of interference, the spirit of legislation, the social effects, the balance of interests, and so on, in order to set up general standards for the practices, avoid empty comprehension of the principle and help to achieve some basic common understandings. In the end, in view of the lack of systemic research on the judicial level, the article tries to conclude some relative rules, directed by the above principle and standards, about the proper extension of interference, through classifying and studying its application in different typical cases, to strengthen the meaning and achieve the aim of the thesis. By doing so, it puts forward that different rules should be applied on the basis of distinguishing correctly between the occasions of inner and outer relations of a company, the quality of mandatory and discretionary norms, the applicable objects of closed and open corporations, the approaches of procedural and substantial interference as well as the postures of active and passive interference.