Study On Some Procedural Issues Of The Lawsuit Against The Company's Decision Not To Establish

The development of Chinese companies has started late compared to Western developed countries and even some Asian countries,but it has developed rapidly.In recent years,under the double stimulation of national policies and market economy,the company has developed more and more rapidly.While driving economic development,we should also pay attention to the contradictions arising from the development of the company.The complexity of the company's internal structure and external environment has increased the company's demand for legal rules,and the law has a lag.How to coordinate the contradiction between increasing legal demand and legal lag is the key to solving the company's continuous development.After the comprehensive revision of the "Company Law" in 2005,four judicial interpretations were issued to improve the "Company Law",which made the "Company Law" strengthened in terms of operability and actionability.The Judicial Interpretation of the Company Law(IV)was officially released on August 28,2017,and the solution was standardized in light of new problems arising in China's judicial practice.One of the major changes was the increase in the type of litigation relief after the company's resolution was effective.-Confirmation that the resolution is not established.As a result,China's legislative structure has been changed,that is,the legislative structure of the “two-point law” of the original resolution and the lawsuit has been formally established as the “three-point law” model.Due to the complexity and variety of company resolutions in practice,and the company's resolution is an important way for the company to achieve internal management and control,excessive legal interference will lead to rigid management of the company,which is not conducive to thelong-term development of the company,so we should grasp the judicial power to interfere with the company's resolution.The scale.The practice of litigation that the resolution is not established is still in its infancy in China.The effective implementation of a new legislative model requires continuous discovery of problems and resolution of problems.By reviewing the literature,summarizing scholars' doctrines,reviewing the cases of resolutions,litigations,and their own analysis and summary,the author tries to explain some problems in the application of the resolution and the litigation process through the progressive method.The article includes an introduction,a body and a conclusion,in which the body is divided into four parts:Part I: Overview of the resolution of the shareholders' meeting.Explain first the concept and legal nature of the resolution of the shareholders' meeting,which is the basis for laying the follow-up knowledge.The shareholders' meeting is the company's authority.The resolution determines the company's business policy and investment plan.The importance of the shareholders' meeting resolution is self-evident.By studying the legislative models of the two major legal systems on the resolution of the shareholders' meeting,it can be used for reference in China's legislative model.Finally,we discuss the remedies of the resolutions of the shareholders' meeting,which are divided into litigation relief and non-litigation relief.The second part: the basic theory of the lawsuit that the shareholders' meeting resolution is not established.The premise of filing a lawsuit that the resolution is not established is to analyze the situation in which the claim is not established.The nature of the complaints that the shareholders' meeting resolution is not established mainly analyzes the conclusions from the classification of litigation,direct litigation of shareholders and indirect litigation.The eligible party to the lawsuit that is not established is an indispensable part of the lawsuit.By defining the plaintiff,the defendant and the third party,there is a clearer awareness of the eligible party.Finally,the use of the resolution is not established,mainly analyzes the differences between the three types of litigation relief,and clarifies the application of the three.The third part: the case analysis and problem thinking of the resolution notestablished.Through the analysis of the cases found in the Chinese refereeing documents network,the problems that the shareholders' meeting resolutions are not established are easy to appear in practice.Issues include the scope of the plaintiff,the issue of goodwill relatives,the issue of litigation,the issue of the litigation guarantee system,and jurisdiction.The fourth part: Thoughts on perfecting the litigation of the resolution of the shareholders' meeting in China.By analyzing the problems in the third part,we put forward the perfect suggestions with realistic feasibility,and try to provide solutions to improve the litigation of the resolution that is not established in China.The case that the resolution is not established is a type of emerging lawsuit in China,and it can play a "good way" to regulate the internal and external relations of the company in practical use.