Research On The Legal Regulation Of Shareholder's Meeting Resolution Flaws

As the supreme authority of the company,the resolution of the shareholders' meeting plays a key role in corporate governance.And not all the resolutions are complete,standardized,how to determine the effectiveness of the resolution in the face of the different severity of the defect? The current definition of the law is still inadequate.Through statistical analysis,the author found that similar cases in different courts tend to have different verdicts,which undoubtedly needs legal perfection."Provisions on Several Issues Concerning the Application of the Company Law of the People's Republic of China(4)"(hereinafter referred to as judicial interpretation 4)has consulted for the community for comments in 2009,2014,2016,has been adopted by the Supreme People's Court in principle.In the resolution of the resolution of the shareholders' meeting,this judicial interpretation will undoubtedly make up for the shortcomings of the Company Law.However,it is necessary to further analyze the judicial practice.With the help of large data,the article first studies from the specific referee case,focuses on the "shareholders of the resolution of the defect" cases of statistics and sorts out the case;secondly,analyzes the resolution of the defect system;finally,under the background of the introduction of judicial interpretation 4,the paper analyzes the shortcomings and puts forward the solutions according to the social reality and the legal status quo.Relative to the previous relevant articles,judicial interpretation of four background has been introduced in this article to discuss the focus,consistentwith the views of this article.The first part of this paper is an empirical study of the flaws of the resolution of the shareholders' meeting.This article is based on the statistical researchesandmethods to analyze many cases,respectively,the plaintiff to prosecute the views of the court's view of the judge,the trial ideas and the final referee results as the starting point,in order to clarify the judicial practice in the trial of the chaos of the status quo,for the provision of sufficient data to support.The second part is the typological analysis of the defects of the shareholders' meeting.Both the aspects of the procedural and content flaws are the starting point,and the results of the first part are also analyzed.In which the proceedings of the meeting to convene,notify the notice,the resolution method,the content in violation of the law,the abuse of the majority decision to start,analysis the impact of many flaws in the resolution,and accordingly put forward their own ideas for the subsequent legal judgment theoretical support.The third part is the judicial decision of the shareholders' meeting,as the reflection of the first two parts,this part is the judicial interpretation of four of the "Company Law" judicial renewal of the specific elaboration,which focuses on the resolution of the resolution of the rational basis for the resolution of the resolution of the legal status of the parties,the specific provisions of the resolution and whether the validity of the resolution to be confirmed and so on.The fourth part,based on the previous three parts,studies the shortcomings and perfect paths of the resolution of the resolution of the shareholders' meeting,and makes a distinction between the various situations,also confirms the scope and status of the parties in the confirmation of the validity of the parties.The status of the confirmation of the state and the flaws of the matter,according to the judicial interpretation of four put forward their own suggestions.