On Resolution Of Shareholders Meeting Of Revoked Lawsuit

This paper studies the lawsuit of shareholders meeting from the views of the procedureof the research of shareholders revoked lawsuit. There are two implications in which one is totake the Legal action as connection, select two closely related problems which are thatQualifications of Litigants and The expansion of the Res Judicata Subjective application asthe center. The Obvious one is that shareholders revocation decision effectiveness of lawsuitis brought by unilateral expansion to the solution of the problem for central axis. In generalstructure, this paper can be divided into five parts:The first part is mainly about the question itself. This part bases on the judicial practicefrom shareholders revoked lawsuit decision effectiveness single-faceted expansion theory,many of the problems brought by the theory are seen as the breakthrough points of the article,and also it points out the problems. In this part, it will discuss the problems of effectivenessone-sided expansion of shareholders revoked lawsuit decision has brought, revealing therelationship between Qualifications of Litigants and the Res Judicata Subjective application.In light of the relationship between the two as the bases, it leads to the shareholders’ meetingof the parties to revoke the resolution lawsuit suitable case problems.The second part, which is also the premise of solving problems. Through investigatingthe introduction the Qualifications of Litigants of the Sue of The Resolution of The GeneralShareholder’s Meeting. It reveals the urgency of solving these problems, and groundwork forsolving these problems are put forward ideas. In this part, the followings are discussed:shaped lawsuit party’s general recognition fitness standards, shareholders revoked the litigantcomfortable case the plaintiff, shareholders revoked lawsuit comfortable case the accused andprosecution for the majority shareholder litigation form. The author argues that the plaintiff’sfitness shall be determined on the status of the shareholder can be charged with the standard,the defendant shall take taniguchi on the doctrine of the professor GuAnping. Due to the largenumber of the shareholders and Shareholders revoked for shareholders’ rights litigation alone,so the judgment is sentenced to force the main area which has a particularly strong overallexpansion of demand.The third part is the train of solving problems. In this part shareholders revoked lawsuitdecision being sentenced to force subject range of overall expansion solve the above problem. In this part, the followings are discussed: Shareholders revoked lawsuit there may bejudgments, formation decision and confirm three forms of judgment; The three kinds ofjudgment and have two kinds of effect being sentenced to force-and the formation of power;Shareholders revoked lawsuit decision effectiveness refers to the expansion of beingsentenced to force the expansion of the main area; And should to be sentenced to force themain area overall expansion; being sentenced to force main area overall expansion andone-sided expansion has advantages compared. Finally, in the form of solving problems isthinking of shareholders revoked lawsuit decision being sentenced to force principal range ofoverall expansion after that, homework is to seek to achieve the above ideas of the path.The fourth part is the way to solve problems. In theory, the realization of shareholdersrevoked lawsuit decision being sentenced to force main area overall expansion has two pointsof the view:"the additional joint action" and "litigation take-on said", this article agrees withthe latter. In this part, the followings are discussed: Through the expansion of the one-sidedsaid reason the lead interface investigate the five types of possible paths and on theadditional joint action "and" litigation take-on said."on the basis of comparison This paperclaims for "litigation take-on said" full, At last, it points out that to limit the legal action inlawsuit bears the exercise of the disciplinary right to cope with the possible injustice.The fifth part is about the enlightenment of solving the problems. This part makes asuggestion about our related legislation. And the suggestion can be mainly divided into twoaspects which are that the company law and procedure law in the company law, we shouldperfect the parties and the company’s fitness litigation announcement of regulations; In theprocedure, we should increase the litigation taken-on being sentenced to force the provisionsof the main area expansion, and establish auxiliary to third person type system.