Research On The Defectsg Of Corporate Resolution And Its Remedy System

With the commercial system reform in depth,the number of market players to grow steadily,especially the main commercial companies accounted for the largest proportion of the organization,plays an important role in China's economic and social development and people's livelihood in the field of employment status.How to standardize and perfect the system and mechanism of corporate governance and effectively protect the legitimate rights and interests of shareholders and other legal entities has become an increasingly urgent issue.This paper take corporate resolution behaviors of the corporate governance in the "hand",analysis and resolution system of existing laws and judicial interpretations of the resolution from the legal behavior,to improve the company resolution system especially the defect and remedy system,making the company more resolution in accordance with the company law of procedure justice,freedom and autonomy and other basic legal value,avoid the company the decision become the minority absolute voting rights wanton damage to the company and other shareholders to protect the legitimate rights and interests of the tools,free of all shareholders to exercise the right to vote and reach consensus.Finally,put forward the relevant suggestion,namely: the perfection of legislation and judicial practice,we must adhere to the core concept and follow the principle of procedural justice and efficiency priority,strictly does not exist on the company,the resolution invalid,revocable resolution and other specific reasons to be clear,the limit is reached,the company decided to avoid too easily "is invalid or" cancellation "and affect the company's decision-making efficiency and stable company resolution.In addition,to improve the relevant provisions of the company law or the Supreme Court in the specific changes to revision,the introduction of judicial interpretation relates to company law,a category to expand corporate resolution flaws and the specific reasons,including expansion,clear resolution of kinds of procedural flaws in the revocation and specific reasons,the new procedure of procedural defects in response to the needs of the society;expansion the specific reasons of invalid resolution,not only is defined as a violation of laws and regulations and mandatory provisions;the law retroactive resolution invalid or revoked the power and legal consequences.The two is to perfect the related system,construct the resolution flaws litigation,including perfecting the Corporate Resolution flaws litigation guarantee system and the company rejected the resolution flaws litigation system;construction of resolution stop claim and stop litigation system of Corporate Resolution flaws correction system,Corporate Resolution flaws lawsuit mediation system and company.