V. The Legal Thinking Of The Company's Defective Resolution

When an according to the capital most principles or number most principles but the company of the formation resolution on the contents procedure perhaps up breach the provision of the law, regulation but contain minor faults, the single or a handful of shareholders can initiate public prosecution toward the court, this is the widespread provision that mainland method fastens all countries company law. Our country at 2005《company law》pedestal previous, have already had scholar to put forward a study for that problem, 2005《company laws》rule to the type's litigation of perfect extended it more to study noodles. But, say objectively, currently our country the law still can't satisfy the complexity of [with] demand and the orientation market business enterprise corpus circulate of the realistic economy life for company resolution minor faults of rule, so the writer combine the lawmaking present condition and judicatory fulfillment, the company resolution minor faults it tell of category, corpus, period, the law result etc. the problem carry on study to consider and law, concrete but talk:Concerning the litigation category, our country the company law ruled a company resolution minor faults it to tell only of two kinds of litigation categories, the writer think to can't satisfy the demand of the realistic economy life far and far, launching a thinking and inquirying into now, think should also have already resolution nonexistent, indemnity it tell, and should also pursue for resolution breaching the circumstance of the section regulation.Concerning the litigation corpus, currently the our country lawmaking in resolution minor faults for the company, it told only and definitely plaintiff, although the accused is recognize tacitly the fixed position company in the judicatory the fulfillment, the writer think this topic that returns shortage to cover the company resolution minor faults it to tell, should not only pay attention to original accused only, also should involve to of the third people and may cause of the common litigations all brings into the company resolution minor faults, it tell of range of research.Aim at to resolution currently as for litigation the period invalid of tell and resolution to combine nonexistent of tell and the indemnity tells the litigation that this several company resolutions minor faults, the our country law has no to rule their litigation definitely for period, so the writer think these litigation should with accept the adjustment of the code of civil procedures, take general litigation time as namely quasi-.As for company resolution minor faults, it the law result and the processing method for tell, the writer thinks the our country company lawmaking can also draw lessons from the way of doing of the abroad(region), on the procedure for resolution its minor faults to distinguish minor faults of different situation, design some remediable measure, make resolution because minor faults drive cure but legalize .This aspect can make up to resolution procedural minor faults, making it become effectively; Can also reduce otiose litigation to promise the stability that the shareholder, company passes three people's benefits and the law relation on the other hand.Total but speech, resolution minor faults it to the company tell and carry on the law thinking have strong applied foreground of teach. The our country is be placed in the development stage of the socialism market economy, is an active market, the our country adopted to lower threshold to the company currently, encouragement bargain of policy. This will cause the company increase with the prosperity, however increase along with the number of the company, it inner part of the problem is also further outstanding to flow out now. Because the company resolutions minor faults but cause company perhaps the shareholder rights damaged be among them of a representative's problem. Resolve that problem not only for the norm company management, and for the protection shareholder rights, the perfect company manages organization, the aptnesses that guarantee the company decision all have the bigger actual function and value.Resolution minor faults to the company in addition, it tell and carry on the law thinking still has the bigger science meaning and the higher theories value. Because the reform open of carry on, the economy of the our country life and traded mode to take place huge variety, the company resolutioned minor faults to cause this problem of litigation to put forward to reflect an our country company law from carry on in brief tough norm and manage to arrive to the company to value it inner part more of coordination, movement is as for after the event direct the lawmaking angle of[with] etc. of development variety. That topic is also further in the meantime perfect from the theories the company manage of related contents, make the movement that the company can stabilize more.