Judicial Settlement Of Corporate Disputes During The Nanjing National Government

The legal system of the company came into being in the late Qing Dynasty and became mature in the period of Nanjing national government.The legal system of the company,which is composed of the two companies' grammatical law,the case of the application of the company's disputes,the examples of interpretation and the commercial practice of the company's disputes,has become the "library" of the legal basis for the court to guide the court to solve the disputes of the company.The different types of company disputes are different,and in different types of corporate disputes,the court's judicial settlement of the company's dispute between the company and the company's legal system is different.After analyzing the problems of judicial documents,the author sums up the two categories of contents and procedures,and finds that these problems are closely related to the social and economic conditions at that time.The Anti Japanese War,the monopoly of bureaucrat capitalism,the invasion of foreign forces,the inflation and the backward productivity have made a certain impact on the legal implementation of the company's legal system.The first part,the application of different legal sources in the period of the national government to guide the case of company disputes,to study the evolution of the law of the company,the application of the case to the cases,the examples of interpretation,and the scope of the commercial practice.The second part,according to the different stages of the company,divided into judicial settlement of the disputes in the company,the judicial settlement of the dispute in the operation of the company and the judicial settlement of the dispute when the company terminates.In the third part,the problems in the practice of the dispute settlement in the judicial way and the problems of the hidden equity balance and the loopholes in the litigation procedure behind are separately evaluated,and the social and economic reasons that affect the company's dispute law are summarized and stated.At the end,we try to provide targeted improvement measures for different participants in company disputes.