On The Cancellation Of Corporate Resolution

The lawsuit of the company's resolution in an important part of the legal system of revocable litigation.At present,the article 22 of resolution of China's corporation law has made clear provisions on the system of revocation,but because of the oversimle provisions,the system is still thin.Therefore,in the judicial trial practice,the judge's judgement reasons and results of such cases are not unified.Al though the judicial interpretation of company law(4)has further improved the relevant content of the lawsuit of the company's resolution,part of the problem has not been fully clarified.but the judicial interpretation doesn't came into effect,the theory is still controversial.In view of the differences in judicial standards existed in such cases5 trial and the correct application of legal di:fficulties,the phenomenon of"different judgments of the same case" is inevitable.Based on this,in the bigbackground of judicial interpretation 4,the author makes a title of "corporate resolution revocation" to analyze and research the application of the theory and judicial practice.In this paper,we discuss the lawsuit of the company's resolution in detail through four parts.The first part mainly through the proposed problem of this paper,introduces two typical cases of the decision to revoke the suit,then analyze the case of contention an d court opinions,lead to the related content of resolution revocation that should be de monstrated.The second part mainly elaborates the company resolution revocation criteria.By introducing the theoretical system of the national resolutions revocation of the suit,ar gue how resolution flaws identify the problem.In addition,explain the type of the res olution flaw program,exemption from procedural flaws,and the introduction of comp ensation,etc.,based on the summary of the case type,the author's opinions on the trea tment of the flaw in the resolution.The third part mainly discusses the litigation subject and limitation of the counterclaim.This paper expounds the qualification of the company's shareholder,and discusses the subject qualification of the dissenting shareholders,the shareholders who did not attend the meeting and the non-voting shareholders.Then on the issues of company directors and supervisors of prosecuting qualification put forward by the company profession.The paper makes a detail discussion on the limitation of the qualification of the shareholder,the limitation of the period and the limitation of litigation guarantee related in the lawsuit of the company's resolution.The fourth part mainly discusses the system of adjudicate rejection and the introd uction of non-litigation procedure.This paper studies the application and attention of t he adjudicate rejection,the recognition and withdrawal of the resolution,convene co mplement of procedures and other related issues.