Research On Defective Litigation System Of Company Resolution

The general meeting of shareholders and the board of directors is the company's most important management department,the company's highest authority and decision-making body,and it plays an absolute leading role in the company's management and development direction.The company discusses and studies the company's investment strategy,formulates internal operation and management systems,and appoints and removes important senior management personnel by holding shareholders' meetings and the board of directors.All these activities need to be completed by the company through a shareholders' meeting and the board of directors to make company resolutions.A legally and effectively enforceable company resolution must meet the substantive and procedural conditions stipulated in the "Company Law".The so-called substantive provisions refer to mandatory laws and regulations,and the procedural conditions refer to the procedural requirements stipulated by laws and regulations or the company's articles of association.In practice,not every company resolution is legal and effective and can be implemented,there may be procedural or substantive defects,so China's "Company Law" studies and formulates a company defect resolution litigation system.This article analyzes the types and types of the company 's defect resolutions by studying the connotation and nature of the company 's defect resolutions,including unresolved resolutions,revocable resolutions,and invalid resolutions.Second,it analyzes the participants in the company 's defect resolution litigation,of which the resolutions are not established and the resolution The plaintiff of the invalid action is the company 's shareholders,directors and other interested parties.The plaintiff whose resolution is revocable is limited to the company 's shareholders;the defendant of the company 's defect resolution lawsuit is the company;then it analyzes some gaps in the current company 's defect relief system For example,whether the equity transfer in the litigation process affects the plaintiff 's subject qualification;finally,some suggestions and improvements are made for the problems in the company 's defect resolution litigation system.The theme of the whole paper is to carry out a lawsuit system around the company 's defective resolutions,which is to remedy the defective resolutions made by the company and protect the company 's shareholders 'property interests,while also avoiding thecompany 's shareholders,directors and senior management 's abuse of power for private gain.,To ensure the stability of the company's internal structure and normal business development.