Qualifications Of Litigants Of The Revocable Mechanism Of The Resolution Of Shareholders' Meeting

The internal organs of the company form resolutions through meeting procedures,which are binding on all members.This is a unique phenomenon in group law.The resolution of shareholders' meeting reflects the relationship between shareholders as members of the group and the company as a whole.The structure of confrontation is different from that of common civil litigation.The particularity of company law decides that the scope of plaintiff,the qualifications of defendant and joint action of company resolution revocation litigation are significantly different from those of common civil litigation.This paper mainly elaborates on the eligible parties to the revocation of the shareholders' meeting resolution.The revocation of the shareholders' meeting resolution has its particularity.It is not only regulated by the civil procedure law,but also by the special law,that is,the company law.Because the company has a group nature,the resolution of the shareholders' meeting is a group behavior.The withdrawal of shareholders' general meeting resolution is a kind of contention in organizational law,that is,the contention of internal relations arising from the company as an association and organization.This characteristic determines that there are differences in the structure of the resolution revocation suit between the shareholders' general meeting and the ordinary civil procedure,and then decides the particularity of the subject structure and the content of the resolution revocation suit.On the basis of discussing these problems,this paper draws out the eligible parties for the revocation of the shareholders 'meeting resolution,and expounds some issues concerning the eligible plaintiff,the eligible defendant and the listing of the parties involved in the joint action of the shareholders' meeting resolution revocation.This paper is mainly divided into four parts:The first part is an overview of the revocation of the shareholders' general meeting resolution.This part discusses the relationship between company resolution and shareholders' meeting resolution,and the nature of the withdrawal action of shareholders' meeting resolution,which is the substantive law basis of this issue.The nature of the revocation of shareholder's meeting resolution involves the right of action in the revocation of shareholder's meeting resolution.This part starts from two aspects: the right belongs to the category of claim or right of action in substantive law,and the nature of the right in the scope of shareholder's right.On the particularity of the subject construction of revocation of shareholders' general meeting resolution.This part clarifies whether the revocation of shareholders' general meeting resolution is an action in the organizational law or a action in the transaction law,which is the basic issue of the special subject structure of the revocation of shareholders' general meeting resolution.The third part is about the eligible parties to the withdrawal of the shareholders' general meeting resolution.This part discusses from two aspects: the eligible plaintiff and the eligible defendant.In addition to the general view,there are also controversial issues involved.For example,whether non-voting shareholders can act as qualified plaintiffs,whether shareholders absent from the shareholders' meeting can act as qualified plaintiffs,and how the number of shareholders affects the quality of shareholders as qualified plaintiffs,etc.The fourth part is about the revocation of the shareholders' general meeting resolution and the joint litigants.This part includes: when the majority of the shareholders are sued,when the revocation of the shareholders' meeting resolution coexists with other resolution flaw litigation,and the processing of the application for joining in the litigation.