| The effectiveness of the articles of association of the company evalua-tion system in our current company law system is lacking,no company law on the validity of the articles of association of the company or the terms of the evaluation of definite provisions,judicial interpretation and the lack of effectiveness of interpretation of the articles of association evaluation.But in civil and commercial law,the evaluation of the effect of the act of intention is a common phenomenon.From the effective system of civil action to the ef-fective system of contract.Although the lack of system,but in judicial prac-tice,the articles of association of the company declared invalid,amendments to the articles of association and amendments to the statute of the effective-ness of the evaluation of the case is not a few.The theory and the theory of the effectiveness of the articles of associa-tion,evaluation of the discussion,but because of legal concept and the effec-tiveness of the articles of association,the company's articles of association legal confusion in the law theory,in fact lead to the study on the evaluation system can not form a good basis for the concept of validity.The evaluation of the effectiveness of the company's articles of association refers to the ques-tion of whether the articles of association are legally binding or not,and the legal effect is about the legal binding force and the scope of binding.There-fore,before discussing the evaluation of the effectiveness of the company's articles of association,this paper first summarizes the connotation of the ef-fectiveness of the company's articles of association,and analyzes the legal effect of the articles of association.The effectiveness of the evaluation,the company law only involves the evaluation of the effectiveness of the system,such as the company law twen-ty-second:the company's shareholders'meeting or the general meeting of shareholders,the board of directors of the contents of the violation of the law,administrative regulations invalid.The meeting of shareholders or the general meeting of shareholders,the board of directors of the procedures for conven-ing the meeting,voting in violation of laws,administrative regulations or the articles of association,or the resolution is in violation of the articles of asso-ciation of the company,the shareholders may within sixty days from the date of the decision,request the people's court to revoke.Because of the lack of specific legal provisions in the evaluation of the effectiveness of the articles of association,it is necessary to analyze the reasons why the articles of asso-ciation can and should be evaluated.As a special law under the legislation of civil law and commercial law,the effectiveness of the articles of incorpora-tion of the company law should be based on the general and effective basis of civil action.Therefore,when discussing the legal basis of the evaluation of the effectiveness of the company's articles of association,drawing on the the-ory and system of civil law on the effectiveness and effectiveness of civil acts,to seek the general jurisprudence of the articles of association as the ob-ject of legal evaluation.This article through to the civil force and effect form theory,combined with the nature of the articles of association of the company making behavior,and the theory,summed up the nature of the articles of as-sociation of the company,the articles of association of the company making behavior belong to the common civil action,and the articles of association are the shareholders of common civil agreement or consensus carrier,evalua-tion for the effectiveness of the articles of association of the company to find a legal basis.On the analysis of the effectiveness of the articles of association,the theory has been related to the theory of analysis,and there is a certain logical rationality.Based on the theoretical analysis of the effectiveness of the arti-cles of association,this paper summarizes the advantages and disadvantages of the existing theories.However,the validity of the articles of association should be closer to the actual situation of the company law.Subsequently,this paper analyzes the effectiveness of the company's articles of association in accordance with the provisions of the company law.Through the system analysis,the paper noted that the validity of the company constitution,on the one hand from the normative structure of the company law,articles of association of the company in the analysis of arbi-trary and peremptory norms of freedom and space;more important,he shall authorize the provisions of the articles of association of the company directly with the company law,articles of association analysis in specific company law determine the authorization specification within validity evaluation method.Finally,after the analysis of the theory and system,this paper briefly summarizes the case identification method of the articles of association. |
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