Division Of The Effectiveness System Mode Of The Flaws Of The Shareholders’ Meeting Resolution

Division mode of the system of the validity of a resolution of the general meeting of the flaws in the system and the doctrine of the various countries and regions, many differences, of the2005amendments to the Companies Act, transplant the dichotomy divided mode, namely the Companies Act Article22, the introduction of the resolution null and void and may revoke the system, but, unfortunately, this "formalism" the divided mode caused the criticisms of scholars, many scholars believe that the trichotomy division mode, should learn from Japan’s introduction of the resolution, there is no system to grant the existence of a serious program resolution of sexual defects reasonable and adequate relief. In addition, I found that the mode also many differences cause the judicial practice courts qualitative defects effectiveness of resolutions difficulties and applicable law by examining the practical jurisprudence.The current division mode, regardless of the law is across the board in the system, the dichotomy trichotomy division mode, three-, four, or theory, there are the interests of the out of civil law act theory can not fully given resolution the subjective right to the protection of the many drawbacks, only the new dichotomy the divided mode is legitimate and can really solve the plight of practice trials. The model is a flaw resolution of the general meeting of the effectiveness of system should be divided in accordance with the entry into force of the legal act theory, type is invalid and may revoke two original are revoking causes serious procedural flaws resolution of the case, to enumerate classified invalid reasons which. The mode of re-division of the defective system of the effectiveness of the resolution of the general meeting law theory of self-sufficiency and guidance of practice trial is of great significance. Both from a legal and practical jurisprudence point of view or from the perspective of litigation relief analysis, demonstrate the rationality and feasibility of a new dichotomy divided mode.This article is divided into three parts:Preamble analysis starts from a jurisprudence leads to writing the purpose and content of the writing of this article;The legal basis of the first part of the start with the general meeting of the effectiveness of the flaws resolution system to explore starting from the theory of civil legal acts, to redefine the connotation and extension of the resolution defect "and" defective resolution effectiveness system, as discussed below, good theory bedding;Second part by the comparison of the system, theory of analytic judgment of right and wrong, the pros and cons of the trade-off of size-fits-law, dichotomy, trichotomy, quartering new trichotomy division mode Introduction and Commentary; The third part of the author proposes a new dichotomy "is divided in line with the need of legal logic and practice of trial mode, and its analysis and argument based on legal principles and jurisprudence, litigation relief, and puts forward recommendations to improve the current system.Explore academic subject research stays at the theoretical level, the paper mainly uses the process of argumentation theory analysis, comparative analysis, the empirical analysis of a variety of research methods to the effectiveness of system flaws resolution of the shareholders’ meeting divided mode more comprehensive grasp. Flaws resolution relief system through research and analysis of the topic, the Perfection of Company Law shareholders’ meeting, to be beneficial to the protection of the rights of the stakeholders related to the resolution, in order to take into account the safety of the spirit of the fairness and justice law and commercial law efficiency.