Research On The Action Of The Resolution Not Set Up

According to the provisions of the Supreme People's Court on the Application of Certain Issues in the Company Law of the People's Republic of China(4)(hereinafter referred to as "Company Law Interpretation IV"),the lawsuit established by the resolution is officially used as a remedy for the resolution The law has laid a new page for the development of China's company law.This paper summarizes the composition and definition of the lawsuit that the resolution is not established,and analyzes the comparison with the lawsuit that is not established by the extraterritorial company law.Then it cites three judicial cases to analyze and discuss the judicial practice of the lawsuit that the resolution is not established.The pros and cons of the lawsuit that the resolution is not established are traced back to the source.Accordingly,although the proposal of the resolution not established is a break of the "dualistic" division of the resolution of the company law in China,there are still deficiencies.The analysis of the inadequacies and defects of the lawsuit that is not established is the core of this article,and the author hopes By proposing judicial recommendations and decision-making measures,we will improve the complaints that China's resolutions are not established,and make up for the loopholes and deficiencies of the judiciary.The first part discusses the concept and basic composition of the lawsuit that the resolution is not established.The definition of the lawsuit that is not established by the resolution,and the way in which the resolution is not established,the division of the judicial system in our country-the "dichotomy" analysis,and then the use of comparative methods,cited and extraterritorial legal systems,such as Japan,South Korea,Germany,and Taiwan The region conducts comparative analysis and explores the historical origins of the lawsuits in which the resolution is not established.In the second part,by citing the three judicial cases in China,through the analysis of the case,the influence and effect of the lawsuit that the resolution is not established on the judicial practice in China is explored,and how the judicial practice in China is used is notestablished,and how to deal with it.The manner in which a case involving a resolution is not established.The third part uses the positive and negative analysis method to discuss the advantages and disadvantages of the lawsuit that the resolution is not established.Through the development of theory and practice,the good and bad of the lawsuit that the resolution is not established,the advantages and disadvantages,the advantages and disadvantages,and the comparative analysis The law,combined with the invalidity of the resolution and the revocable resolution,can be analyzed in two ways,which leads to the climax of the following.The fourth part expands the shortcomings of the resolution that the resolution is not established by extending the role of the third part.It extends the analysis of the shortcomings and shortcomings of the lawsuit that the resolution is not established.At the same time,it uses the comparative analysis method to make the complaints that are not established.The absence of effective resolutions and resolutions does not exist for discussion,and analyzes the core of the lawsuit that the resolution is not established.The fifth part still inherits the content of the fourth part,deepens the analysis of the shortcomings and defects of the resolution that the resolution is not established,and focuses on the core content of this article.Then the author hopes to make a little effort to propose judicial suggestions and decision-making measures for China.The resolution of the resolution is not established,and the development of the company's corporate law resolution system is more reasonable and scientific.