Study On Defective Resolution Of The Shareholders' Meeting In Judicial Practice

As the decision of the power organ of the limited liability company,the resolution of the shareholders' meeting often becomes the focus of the struggle for power and profit of the shareholders of the company,and also the key object of the judicial governance of the internal disputes of the company.In this paper,starting from the view of judicial practice,on the basis of judicial cases,using the method of compare analysis,integrating the common defective resolution of the shareholders'meeting in current judicial practice problems,such as the applicable dilemma of the discretion rejection system,disputes about confirming the validity of the resolution of the shareholders' meeting and Judgment documents quality defects etc.,combining with theoretical analysis and practical choice,to seek effective means to deal with these problems,determine the applicable thought for the discretion rejection system,and demonstrate there is not justiciable that requesting to confirm that the resolution of the shareholders' meeting is valid,and provide suggestions for improving the quality of the judgment documents.The structure of this paper consists of three parts:introduction,text and conclusion.The text is divided into three chapters.The first chapter is a brief overview of the defective resolution of the shareholders' meeting,which lays a foundation for the following introduction of the defective resolution of the shareholders'meeting in judicial practice and the solutions.The resolution of the shareholders' meeting is a special legal act.In China,the regulation of the resolution of the defective shareholders' meeting has experienced three stages of historical development.The solution of the problem of judicial practice cannot be separated from the guidance of basic theories.In the face of the problem of the defective resolution of the shareholders' meeting,it is necessary to adhere to the modesty of justice and take into account the rights and interests of major shareholders and Minority shareholders.The overseas investigation also proves that the defective resolution of the shareholders' meeting in judicial practice cannot be solved without these two legal principles.The second chapter,through the cases comparison analysis and content interpretation,sort out the present judicial practice in the three main problems of the shareholders' meeting defective resolution litigation:The applicable dilemma of the discretion rejection system,the disputes about the justiciability of requesting to confirming the validity of the resolution of the shareholders' meeting and the Judgment documents quality defects,they are all objective and urgent problems in judicial practice,with distinct representation.The third chapter is to propose solutions to the problems listed in the second chapter.The application of discretion rejection system should strictly abide by the three requirements stipulated in judicial opinion four concerning company law,and analyze specific cases.The requesting to confirm the validity of the resolution of the shareholders' meeting is not justiciable because it lacks legal basis and judicial significance and is inconsistent with the principle of corporate autonomy;Improving the quality of judicial documents is inseparable from strengthening the training of judges and improving the construction of court staff.