Shareholders' Meeting Resolution Defects Relief System Study

The rule of rescuing flaws on decision of shareholders is a worldly rule,is adopted by many countries in the world,its means is the rule that rescuing the flaws breaking the law and constitution of company in the process and content of decisions of shareholders,its aim is to guarantee legality and rationality of the decisions of shareholders.But the rule is in the void stage in our country.Be directed against the viewpoint that doubt the necessity of meeting of shareholders because the talk on formalism in the meeting of shareholders,this thesis put forward the against opinion,and clarify the necessity of setting up me rule of rescuing flaws on decesion of shareholders,in the presupposition considering that defend status of meeting of shareholders,defend present organized system of company law,defend the rightes and interests of the medium and little shareholders and the fact mat a big share is easy to produce flaws of decesion.As a worldly rule,the rule of rescuing flaws on decision of shareholders have developed fully,and present different features in legislation of different countries and zones.Comparative study on this rule of countries and zones will take us benefical inspire.This thesis mainly comparative study kinds and grounds of action in the rule of rescuing flaws on decision of shareholders,and analyse and sum up three forms on how to divide the kinds of action and grounds of action in different kinds of action,include action on invalid decision,action on canceling decision, action on confirming the decision not exist and action on canceling and changing unqualitified decision,furthermore,clarify that the grounds of action of rescuing flaws on decision of shareholders is mainly that breaking the law and company constitution in the process and content of decisions of shareholders.After we have a superficial realization through comparatively studying legislation example of different countries and zones,this thesis begin to probe into me rule's principal and theory basis.Stability of the decisions and respect the procedure are two principals that must be followed Defending stability of the decisions is beneficial to defend stability of law relations that are caused by decision of shareholders,defend the deal safe,promote the efficiency of the companies.Respecting the procedure is beneficial to present the value of theprocedure,guarantee the rights and interests of shareholders from the procedure.Theory basis of deciding grounds of action and dividing the kinds of action make up theory basis of the rule of rescuing laws on decision of shareholders.The final define of grounds of action that breaking the law and the constitution of company is decided by the nature of company law and the nature of constitution of company.On the nature of company law,there are some disputes,include forced law opinion,willfully law opinion and synthetic opinion considering present company law,I think the synthetic opinion is right The nature of constitution of company has two features:self-rule and ruled by law.in general, constitution of company is a kind of self-rule law that partly ruled by law. After defining the nature of company law and company constitution, we have no difficult to decide:it is possible that breaking the company law and company constitution will produce flaw decision of flaws.After considering synthetically two pairs of basic point: break the law and break the company constitution ,break the entity rule and break the procedure rule,we decide divided standard of kind of action:as to all grounds of action,we classify breaking the law and breaking company constitution;as to law,we classify breaking entity rule and procedure rule.All grounds of action that include breaking company law and breaking procedure rule of the law are brought into action on canceling decision,and as to grounds of action that the content of decision break the law, we bring them into action on invalid decision.besides,this thesis talks about the value of action on confirming the decision not exist and action on canceling a...