Study On The Non Establishment Of The Resolution Of The Shareholders' Meeting

The general principles of the civil law of the people's Republic of China established that the resolution of the shareholders' meeting belongs to a legal act,ending the dispute of the legal nature of the resolution act,and providing a legal basis for the introduction of the theory of "three part law" into the company law "judicial interpretation IV"(hereinafter referred to as "judicial interpretation IV").As the innovation point of this judicial interpretation,the decision not to establish a system is of great significance.As a form of corporate autonomy,the resolutions made must conform to the laws and regulations.However,the previous relevant provisions on the resolution system are relatively simple.This judicial interpretation is based on the mainstream theory of the academic community,combined with judicial practice for innovation,more effective protection of the resolution system.However,the system is still inadequate,still too simple,some of the provisions of the application boundary is unclear,there is no detailed analysis of the controversial topics,which has brought some controversy to the practical application.In view of this,this paper studies the theoretical composition and system construction of the resolution of the shareholders' meeting,combined with practical application,analyzes the problems existing in the resolution system,and puts forward solutions,in order to contribute a little to the improvement of this system.This paper analyzes the non establishment system of the resolution,which consists of four chapters.The first chapter is divided into two parts.It analyzes the non establishment system of resolution from the perspective of legal theory and logic.The first part analyzes the legal attribute of resolution system,adopts the mainstream view of academic circles,thinks that resolution belongs to legal act,and systematically analyzes the meaning formation theory of group act and procedural justice,so as to provide theoretical support for the non establishment of resolution in system Bracing.The second part analyzes the resolution system from the logical point of view.It divides the establishment and the effectiveness of the resolution in logical order,and distinguishes the priority of defect classification.Based on this,it analyzes the non establishment of the resolution system.The second chapter analyzes the system of non establishment of resolution from the perspective of system construction,introduces the evolution of the provisions of the system of resolution flaws,then analyzes the specific classification of the system of non establishment of resolution,and discusses the relevant elements of the system of resolution relief according to this system,finally describes the system of non establishment of resolution completely,analyzes the points needing attention in practical application,and puts forward the conflict between the current system and theory In the next chapter,the author analyzes the specific deficiencies,and provides ideas for the improvement of the system.The third chapter continues the previous chapter,directly lists the problems of the system of non establishment of the resolution,and then according to the system construction and judicial practice,puts forward the shortcomings of the resolution defect system and the ambiguity of the defect litigation system.And analyze the causes of the problem,which provides clues for the next chapter.In chapter four,based on the analysis of the causes and the theoretical basis of the defective resolution system,the author puts forward the solution ideas,establishes the elements of the establishment of the resolution,with a view to solving the controversial points in the non establishment of the resolution system,and puts forward the non litigation solution.Finally,on the basis of the analysis of the principles and practice,the author puts forward the solution of the unreasonable points in the non establishment of the resolution litigation system,trying to build a perfect resolution Whether to establish a system,to reach a perfect solution to the defect dispute,to maximize the protection of the overall interests.