System Interpretation Of Procedural Defects In Shareholders' Meeting Resolutions

The procedural elements not only provide the basic value support for the shareholders' meeting resolution,but also the core meaning of the majority rules in the field of corporate law.The procedure requires integration into the whole process of the application of the majority rules,and the final evaluation of the effectiveness of the resolution is only the conclusion of the value analysis and interest measurement of the process.The procedural elements of shareholders' meeting are very complicated,and the specific procedural behaviors in different links will have a specific impact on the establishment and validity of the resolution.At present,the differences of "Dichotomy","Trichotomy" and "Quartering" in the theoretical fields and different legislations are essentially caused by different interpretation methods and analytical perspectives.The disaster of procedure should be returned to the procedure itself to seek medical advice.Different procedural elements have different value representations and different value supporting effects on the result of entity resolution.In this paper,the shareholders'meeting procedure is divided into three stages with the characteristics of jumping:Notice Call Stage,Attendance Stage,Voting Stage,so as to analyze the different types of resolution effectiveness caused by procedural defects systematically from the perspective of analysis.By the way,constructing a set of normative system of interpretation of shareholders' meeting resolutions with procedural defects.This paper is divided into four parts.The first part mainly discussed the"Dichotomy","Trichotomy" and "Quartering" legislation of the properties,characteristics,and the development process of our national legislation.Based on this,the paper discusses how does the value of the shareholders' meeting procedure impact on the entity results in the theoretical basis,and then clarified the importance of interpretation methods and analytical perspective.In this part,the author focus on the meeting procedure is divided into three stages from the perspective of analysis method and application way.The second part discussed the Notice Called Stage.Attendance Stage,Voting Stage three different stages of the defect content and explain the conclusions.The third part is based on the basis of the former,the formal draft of the"The Company Law Judicial Interpretation ?" issued by the Supreme People's court,the part of the legal review of the defect of the company resolutions is evaluated.Among them,from the comprehensive but crude provisions of the "Opinion Draft of The Company Law Judicial Interpretation IV" to the formal draft of "The Company Law Judicial Interpretation ?".the dispute is shelved and delete the provisions to the simplified version.It highlights the fierce controversy in the theoretical field and the vague attitude of the judicial departments.It specifically discusses the "success and failure",Using non-established resolution to unify non-existent resolution and non-effective formed resolution,and discusses the demarcation method between non-existent resolution and voidable resolution,the theoretical basis and application boundary of the system of invalid resolution.Finally,from the standpoint of how to unify the application of "The Company Law Judicial Interpretation ?" in practice,the spatial application framework and the local and boundary identification system between non-established resolution,voidable resolution and invalid resolution can be established.Part four makes necessary refinements and theoretical extensions to the results of the full-text discussion.