Research On The Non-contentious Mechanism Of Judicial Intervention In Corporate Governance

Corporate governance by management target, management plan and a series ofmanagement system.As a kind of external forces, the jurisdiction intervention is of greatsignificance for the optimization of corporate governance, may call it the judicial mechanismof corporate governance.Traditionally, depending on the nature of the civil law countries andregions will be divided into civil judicial trial proceedings and the non-lawsuit procedure, sothe judicial mechanism as one way of corporate governance, can also be divided into theaction mechanism and the non-lawsuit mechanism.Throughout our country existing research literature, action mechanism of the highattention, study more, opposite the non-lawsuit mechanism research is relatively scarce.Butthere is no denying the fact that in the continental law system countries, the general rule inmany countries legislation the non-lawsuit mechanism supplement mechanism of litigationsystem, is an effective way to intervene in corporate governance, the non-lawsuit mechanismhas its independent existence value;In addition, under the condition of the our country relatedlegal system is not perfect, the non-lawsuit mechanism involved in corporate governancedevelopment is not sound, can’t respond the needs of the reality of judicial practice in ourcountry.So, the non-lawsuit mechanism involved in the topic of corporate governance as agraduation thesis, both to the theoretical level to the non-lawsuit mechanism theory, be able tocontribute to the development of the judicial practice.To emphasize the non-lawsuit mechanism involved in the issue of corporate governancehas a certain discipline, on the one hand, the corporate governance in a narrow sense belongsto the field of law research, the way is regarded as a kind of non-lawsuit procedure and tool,thereby to intervene in corporate governance, from the perspective of substantive law on thespecific scope of the non-legal rules company;In contrast, the non-lawsuit procedure itselfbelong to the category of the subject of the civil procedure law, regulations on the operation ofthe non-lawsuit procedure rules, emphasize the concept of procedural justice.Conditioned bythe professional background of the author, in this paper, the research will be to company lawas the main Angle of view, on the basis of this combined with the relevant provisions of thecivil procedure law, combining the non-lawsuit procedure involved in the specific rules ofcorporate governance, try to be both substantive law and procedure law.This paper mainly in the following sections: the first part will discuss the legal basis ofnon-lawsuit procedure.The second part will study the legitimacy of the non-lawsuitmechanism involved in corporate governance.The third part explains the non-lawsuitmechanism of judicial intervention in corporate governance in our country.The fourth part forour country judicial intervention in the non-lawsuit mechanism of corporate governanceconstruction of substantive law dimension.The fifth part is the judicial intervention in thenon-lawsuit mechanism of corporate governance construction of procedural law dimension.