Research On The Unfounded Resolution Of The Shareholders Meeting

With the great development of business practice in China,the problems arising from the main body of the company in the process of its autonomy and the relief to related issues have been paid more and more attention on the judicial practice and the academic circles,especially the decision that the foundation of the company's resolution has been questioned.The question about whether or not to establish a company has become a focus on company law research.Because of the strong procedural characteristics of the corporate autonomy model,the premise of its establishment is to ensure that the legal capital is majority,.So it can not be used directly to try the provisions of the civil law on the defects of the relief from natural persons.When the premise of the establishment does not exist or there are serious flaws,it directly shakes the legitimacy of the company autonomy mode.In 2005,by revising the company law,China established the model of the two types of resolution,namely the so-called dichotomy model.However,with the continuous development of science and practice,the dichotomy in solving the problem of serious procedural flaws is constantly emerging,in response to practice and the academic world.In August 2017,the Supreme People's court formally issued the "legal interpretation of the law of the company(four)" by the Supreme People's court,which established the unfounded system of the three resolution to China.Therefore,this article no longer makes more verbiage on the introduction to the unfounded system or the legislative design,but is on the basis of judicial practice,solving the doubts about the application of the unfounded resolution in theory and practice,and trying to construct the application of the unfounded resolution.This paper mainly uses normative analysis,comparative analysis,literature analysis and empirical analysis to study the non establishment of the resolution of the shareholders' meeting,so as to clarify and enrich the application of judicial interpretation,and try to build a more perfect resolution that does not establish the rules of judgment.