Analysis Of The System Of Revocable Litigation Of Shareholders' Meeting Resolution And Improvement For The Legislation

Based on the five parts of this thesis for the topic research, the introduction part mainly includes the source, research value, the innovation place and the difficulty. The first chapter is an overview about the basic theory of the revocable shareholders' meeting resolution. First of all, this paper demonstrates the positioning of the revocable shareholders' meeting resolution in the defective shareholders' meeting resolution, points out the classification of the shareholders' meeting resolution is influenced by the theory of juristic acts. Secondly, to discuss the nature of the shareholders' meeting resolution, the paper specifying the conflict and contradiction between the shareholders' meeting resolution and the traditional juristic acts theory. The shareholders' meeting resolution can be analyzed from two aspects: at the company level, company forms its will in the process of making shareholders' meeting resolution; in the aspect of shareholders, the shareholders' meeting resolution is featured by the majority decision and the strict procedural while the traditional juristic acts isn't. In the listed company, which has a standard company form, the shareholders' meeting is essentially a representative meeting, the resolution is not a private law behavior. Shareholders have mostly been financing person, rather than the members of association. The second chapter, analyzes respectively in the nature of litigation, the scope of the plaintiff and defendant and the judge discretion and so on, to discuss the revocable litigation of shareholders' meeting resolution in the respect of Procedure Law and puts forward the question. Based on the analysis of the first two chapters, chapter 3 is by introducing "protection of shareholders' equity" and "ensuring the shareholders' meeting resolution legitimacy and accord with the article of association ", which are the purpose of subjective and objective analysis framework, to analyze the object of the revocable litigation of the shareholders' meeting resolution, the scope of the plaintiff, the subject matter of action, legal judgment type,validity of the judgment and so on. In the purpose of “base on the protection of shareholder equity and with the help of ensuring the shareholders' meeting resolution legitimacy and accord with the article of association”, to improve the system of revocable litigation of the shareholders' meeting resolution.