Comment On The Resolution Of The Dispute Cancellation By Li So-and-so V. Shanghai A Technology Company Of Limited Liability

The role of the company in today's society is self-evident.The company's actions have permeated every aspect of our lives,The management of the company is no longer related to the direct stakeholders but to the interests of each and every one of us.Company Autonomy can give the company the development of great convenience and freedom.Therefore,The adherence to the autonomy of the company becomes the final principle and value in the process of company management.But,Excessive corporate autonomy also poses problems,such as Market failure,individual irrationality,conflict between individual interest and social public interest,Then the state must intervene.State intervention in corporate autonomy involves legislative,administration and jurisdiction.However,the intervention of judicial power is the last line of defense and the final line of defense.The full text through the analysis of three controversial focus by Li so-and-so v.Shanghai a Technology company of limited liability resolution to cancel the dispute case.These three controversial focus whether to call the board to inform the meeting in advance,Whether the procedure of the Board's decision is in conformity with the Company Law and the Articles of Incorporation.To make a jurisprudential analysis of this,It is concluded that judicial power should obey certain standards in the internal affairs of the company.The first controversy concerns whether there are flaws in the board's convening process,The second issue is whether there are flaws in the board's voting procedure,Both of which are the cases in which the Board resolution is withdrawn.The third point of contention is that the Court of First Instance and the Court of Second Instance have different viewpoints.The Court of First Instance considered that the reasons for the decision of the Board should be reviewed,The Court of second instance,is of the opinion that the Court should not review the reasons given by the board resolution,Unless the articles of incorporation stipulate,Otherwise,the procedural review of the Board's resolutions could only be made without a substantial review.The purpose of judicial power intervention in corporate autonomy is to resolve corporate disputes and to repair corporate autonomy,rather than become a hindrance to company autonomy.Judicial power intervention in company autonomy should follow the principles of procedural review,attention to consultation,classification and intervention.