| At present,in our current company law about the imperfection of the legislation and the division system of the company,in defining the company separation behavior of the concrete definition standard is lack of corresponding specific provision.In the judicial practice,in view of the company division of the interested party of the entity right remedy lawsuit,judicial lack of unified consistent company of powers defined standards,appeared across different sentence and connection with the court judge standard is not unified.So,it is necessary to comb the existing company division,on the basis of legal norms,standards of legal application to delve into the case,put forward the practical reference to define the company division of standard system,establish and improve the company division system,to achieve the company divided the unity of the rule of law.Improve the system of the company is divided both for the company’s own development,and balance to the company the interests of all parties has very important practical significance.This article is divided into three parts to discuss:The first part: introduction company division of the typical cases in the practice.Through the typical casequestions are introduced,namely defining company division in the judicial practice behavior standards adopted by the inconsistencies.The second part: combing the current about the discrete system analysis of the relevant legal norms and practices of the company divided defined standards of behavior.To this the author thinks that in the practice of defining company division behavior cannot be identified single based on appearance,need to see the essence through the phenomena,taking into account the relevant subject rights and a series of complex process.The third part: through the analysis of the above content,the author thinks that our country about the division is too simple,the principle,the relevant provisions of the company to discrete system lack of specific operational needs to improve that. |
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