Research On Resolution Behavior

The academic research on the theory of resolutional behavior is limited to the type of legal behavior,and even as a subsidiary of contractual behavior.Most scholars have not conducted in-depth research and discussion on the behavior of the resolution.In recent years,with the reform and opening up of the economy,more and more groups of companies have been established,and the basic status of the company's existence has become increasingly prominent,and the legal research on the behavior of the resolution has gradually returned to the public's vision.For a long time,the resolution act is not different from other legal acts,leading to some misunderstandings about its understanding.Its independent role and value play a vital role in regulating the rights of groups and the realization of individual will in the group..As a typical feature of the group law,the resolution act is still far from the protection of individual rights.One of the important reasons is that it does not recognize its legal status in the written law,and the research is based on foreign existing theories.Since the theoretical community has made a lot of efforts in recognizing the legal status of the resolution,the resolutions of the "General Principles of the Civil Law of the People's Republic of China" were implemented in 2017.After the resolutions have been stipulated,the study of the resolutions needs to abstract the general direction from different departmental laws.This has greatly contributed to the insufficiency of the research on the theory of resolutional behavior in China and the construction of the private law system of the group.The main part of the article is divided into four parts in addition to the introduction.The first part uses legal logic to analyze the legal structure of the resolution behavior,and clarifies the concept of the resolution behavior.The resolution behavior is based on the law or the agreed rules.The civil law subjects have sufficient meanings to express the relevant voting matters,and the civil agreement is reached.behavior.The behavioral characteristics of the resolution are elaborated from three aspects: the particularity of the subject,the meaning of integration,and the group of behavioral effects.Its nature,through the combing of various theoretical theories,believes that the resolution act is a legal act,and should use the general theory of legal action to understand and use the resolution act.Finally,it summarizes the types of current resolutions in China.The second part sorts out the theoretical research on the resolution of extraterritorial resolutions.First,it compares the American related systems with different legal systems in China.Secondly,it analyzes the relevant systems of the German legal system on behalf of the countries Germany and Japan,and finally the regulations on the resolutions of Taiwan in China.The legal comparison method analyzes the internal jurisprudence mainly because of the "three-point method" and the "two-point method".The current situation in China draws on the advanced experience and adopts the "three-point method" legislative model.That is,on the basis of two kinds of defects that can be revoked or invalid,the resolution is not valid.The third part mainly analyzes and summarizes the establishment and non-establishment of resolutions.Through the summary of the general rules for the establishment of legal acts,the conditions required for the resolution of the resolutions are determined.The resolutions of the conference need to meet the legal requirements and resolutions.Majority decision.In the newly implemented "Interpretation of the Company Law of the Republic of China" in 2017,the establishment of the system is not a system of establishment,and the structure of the resolution is not established.The fourth part details the issue of the validity of the resolution,and the issue of effectiveness is an important and core issue in the theory of legal behavior.A resolution without defamatory action requires the right to resolution,the meaning that the procedure is legal,the meaning is true,the statute is not violated,the law is not illegal,and the rights and interests of the members are not infringed.As a special legal act,the resolution act also distinguishes between internal and external effects.There are internal and external principles,that is,internal resolutions have no effect on the law that has formed with goodwill third parties.relationship.Discuss the effectiveness of the resolutions,discuss the situation,analyze and contrast the situation and application,and clarify the characteristics of the effectiveness of the resolution.