Shareholders General Assembly Resolution Study Of Defects In The Systerm Of Relief

AG is a shareholder, to create wealth creation, and they do not violate the mandatory provisions of law, the shareholders of General Assembly resolutions should be upheld. However, if a resolution of the shareholders of the General Assembly the process and content is not effectively regulated, it will lead to a serious imbalance between the interests of shareholders, joint-stock companies will go to the opposite of autonomy. Autonomy can not be resolved in the joint-stock companies control the rights violations of minority shareholders on the occasion, the law should assume the functions of safeguarding the interests of minority shareholders,on the joint-stock companies to conduct self-correction; internal coordination mechanisms in the shares of the company failure, interested parties may by the formation of the shareholders of General Assembly resolutions and resolutions of the contents of laws, regulations or articles of association of legal defects resulting relief, this is the shareholder relief system defect resolution the General Assembly. General Assembly resolution establishing the shareholders general meeting of shareholders Remediation system is the inevitable requirement of the existence of this system is to protect shareholder interests in the ultimate interests of all the necessary requirement.The author believes that China's current "Company Law" on the drawbacks of the type of general meeting of shareholders a "dichotomy" serious shortcomings; direct action type is not complete; the lack of the corresponding derivative litigation remedies;relief system, the abuse of a lack of preventive measures.The existence of these problems not only rights and interests of minority shareholders of Hefa lack of effective protection, and Ye great De restricted stock company of the development of joint-stock companies on the Shehuijingji major role, Hinder the further development of China's capital market. Therefore, it is necessary to draw on the basis of the advanced system, solve the "Company Law" Shareholders Remediation Assembly resolutions over the existing system problems.This paper describes the drawbacks of shareholders relief system to start the basic theory of the full text of the resolution by shareholders of the General Assembly the importance of the Remediation system illustrate the theoretical value and practical significance.Then the article puts forward the general meeting of shareholders relief system defect resolution in terms of defects.Finally, the author defect resolution for our shareholders relief system defects, advanced foreign legislative and judicial experience in the legislative and judicial views on two levels make perfect. In short, the author begins and ends with the national situation of the shareholder relief system defect resolution the General Assembly to conduct research to better protect the safety of transactions and corporate profit goals and ensure the interests of the company toward the positive direction of the interests of shareholders.