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Research On Corporate Non-litigation Procedure

Posted on:2013-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2246330395952278Subject:Law
Abstract/Summary:PDF Full Text Request
The non-litigation procedure does not exist in our current law. It also has not established the real non-litigation procedure and just formulated some special procedures which is similar with the non-litigation procedure. There’s no non-litigation procedure in the field of The Company Law as a matter of course, so the research of non-litigation procedure is strange to us. The non-litigation procedure is corresponding to the litigation procedure as the judicial remedies, the supporting procedures of the non-legal case and pays more attention to efficiency and state intervention. It’s widely used in the non-litigation disputes of civil and commercial and it has the characteristics of economic efficiency, authority socialist, purpose and proper pursuit. The non-legal case is corresponding to lawsuit case, with the characteristics of low contentious, Strong public welfare and the main purpose of prevention. Because of the company disputes’ characteristics of diversity, it contains lots of non-litigation disputes. Under the condition of "Valuing substantive law, neglecting procedural law", the Judicial remedies of the corporate non-litigation disputes is lack or the litigation procedure. Rights in The Company Law are lack of corresponding procedures to respond and occupy lots of judicial resources. The contradiction between the oneness of the procedural law and the diversity of the company disputes is more and more obvious. So the discussion introducing the corporate non-litigation procedure in our country has its necessity.This paper consists of three parts. The first introduces the meaning and characteristics of the non-litigation procedure and the comparison with the general proceedings. The second makes the preliminary discussion on some basic problem such as the necessity and the feasibility of introducing the corporate non-litigation procedure in our country by introducing and analyzing the current legislation of our country and Foreign related legislation experience. The third makes recommendations for introducing the corporate non-litigation procedure in China. We should make the general operating rules and principles of the non-litigation procedure in The Civil Procedure Law and regulate which kinds of disputes shall apply to non-proceedings in The Company Law for defining the range of non-litigation disputes. The non-litigation procedure runs in accordance with The Civil Procedure in principle and accordance with The Company Law in special cases.
Keywords/Search Tags:non-litigation procedure, non-litigation case, company disputescorporate non-litigation procedure
PDF Full Text Request
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