Research On The Litigate Remedy System Of The Corporati’s On Defective Resolution

The Corporation’s Resolution is the most important form of a company among thecountries around the world, and it always plays an irreplaceable role. Shareholders arethe foundation of a company, and they help a company exist and operate. Under theprinciple of shareholder equality the Corporation’s Resolution authorized the capitalmajority rule. The capital majority rule is based on the Democracy Principle, whichmeans the equal participation of the shareholders and the equal discussion and equalexpress. Then they come up with the company’s highest will. When shareholdersparticipate into the corporation’s meeting, they can come up the resolution with theirwill. So the shareholders can turn their will into the company’s will and participate intothe company’s operation and proceed indirectly. However, if the balance between thecompany and the shareholders is broken, then the shareholders can’t receive the profilethey expected. That’s why the need of a system for protecting the rights of theshareholders is necessary. The system is called the Litigate Remedy System of theCorporation’s Defective Resolution.This essay entries the content by connecting the substantive law and theprocedural law. Firstly, it introduces the systems of other countries and defines ourcountry’s Corporation’s Resolution. Secondly, this essay devised the defects of theCorporation’s Resolution into the defects of content and the defects of program byjudging the defects’ form and results. The following study of the system lies on thisdivision. Lastly, by the guidance of the principle of keep the stability of the resolution,the principle of procedural supportability of the resolution and the principle of nonereconciliation, and by the restriction of litigation guarantee system and the discretiverejection system, this essay particularly studies on the Litigate Remedy System ofCorporation’s Defective Resolution which use direct litigation and derived litigation.This system provides the protection for the medium and small shareholders’ rights andthe efficient operation of the company. And at the same time, this system also providesthe theorial structure for improving the legislation and helps the judgers owns a clearmind.