Research On The Action Of Revocation Of Shareholders' General Meeting

In December 2016,the Supreme People's court passed the new judicial interpretation of the company law,that is,"the provisions on the application of the People's Republic of China Company Law(four)"(hereinafter referred to as "the company law interpretation(four)").The explanation responds to the deficiency of the company law on the revocation of the shareholders' general assembly and reacts the market.The demand for economic development conforms to the voice of the recent reform of state-owned enterprises.The improvement of the resolution of the resolution of the shareholders' meeting is conducive to the shareholders to achieve their own interests through a reasonable approach,and is beneficial to the improvement of the level of corporate governance in our country.In the early stage,because the law was not perfect,the system did not play a significant positive role,and the introduction of the judicial interpretation was conducive to the goal of revoking the system.Based on the main problems involved in the interpretation of the company law(four),the author makes a comprehensive study of the new provisions of the revocation of the lawsuit,and draws on the legal system and academic theory of other countries.The author holds that the revocation of the resolution of the general meeting of shareholders refers to the violation of the law in the process of making the resolution of the general meeting of shareholders.Law,regulations or articles of association,and the violation of the articles of association of the company,which results in the existence of defects in the effectiveness of the company's shareholders' meeting,and the main body of the plaintiff's qualification is to bring to the people's court the system of judicial remedies to be revoked by the resolution of the shareholders' meeting,which is mainly to solve the relief of the damage to the interests of the shares of the East.It is a lawsuit that is set for public interest,and there is also a dispute about the theory of the scope of application of judgement.The revocation litigation mainly concerns the qualification of the parties,the reasons for the revocation and the scope of application of res judicata.The above problems are also the key issues of the system,which directly affect the trend of the system.The first provision of the company law interpretation(four)specifies the three categories of qualified plaintiffs of shareholders,directors and supervisors.As for the system of the parties concerned,the problem of the revocation of the shareholders' meeting is the key problem in the revocation system,and it is also the core issue.The judicial interpretation clearly stipulates in the first article that the right of litigant is expandedto protect the rights of the stakeholders,and the plaintiff qualification is the core issue in the core issue.The theory is determined directly to solve the other problems,so it is emphasized that the theory of the plaintiff's qualification is more reasonable.The viewpoint of "litigation burden saying" is more in line with the essence of the revocation system,and the theory not only provides a reliable theory for the subject qualification,but also the solution of the problem of res judicata is through this Through theoretical analysis,the author puts forward the train of thought on the qualification of plaintiff and the reasons for revocation.As one of the key systems to improve the level of corporate governance,the revocation system should pay more attention to the legislation and protect the legitimate rights and interests of the shareholders,especially the small and medium shareholders,and promote the investor's confidence.