Study On The Defects And The Judicial Relief To The Articles Of Association Of The Company In China

The development history of company in different period is a process of constantly run-in and allocation between shareholders' autonomy and nation mandatory.Based on the unbalanced degree of economy development among different countries,correspondingly weaken its enforcement is a kind of strengthen of.shareholders' autonomy.Shareholders' autonomy is more reflected in the the draw up and revision of the articles of association.It decided the vital importance of the articles of association in the development of company.The articles of association is often hailed as the “charter” of the company,because it is not only the basement of the company,but also the orientation of the company to run well.An impeccable articles of association is profitable for the stable development of company in fierce market competition.The efficacy problem of the articles of association itself is a pretty crucial theory contents through the exploration of whole theory system.Therefore,under the background of the revision of new corporation law,the author study the feasibility and significance of the judicial remedy when the articles of association meets flaw,and the basic principle of judicial remedy in China.Closely combined with the relevant provisions from new revised corporation law,this article establish and improve the judicial remedy system in different views,such as judiciary and legislature.This article consists of four part.The first part comprehensively states the research background,literature review in domestic and overseas,integrated thought in writing and the main approaches in research.The second chapter is the academic analysis of the articles of association flaw.This part is divided in three section,they are legal definition of the articles of association flaw,value basis of the judicial remedy of the articles of association flaw,the basic principle of the judicial remedy of the articles of association flaw.The third part of this article states the pattern of manifestation,reason of generation,judicature recognition of the articles of association flaw.This part will comprehensively analyzes and demonstrates the validity problem of the articles of association flaw,through the analysis of the objective and subjective reason of generation of the articles of association flaw,and combined with the classic case in regard to the determination of the articles of association flaw in practice.The fourth part is the improvement of the judicial remedy system of the articles of association flaw.This part comes up with the suggestion for the establishment of the judicial remedy system.The specific measures are sounding the type of the judicial remedy system of the articles of association flaw,expanding the approach of the judicial remedy system of the articles of association flaw,and improving the provision of the judicial remedy system of the articles of association flaw in corporation law.