Research On The Defects Of Corporate Resolution And Its Identification

With the development of market economy,as one of the important parts of market economy,company resolution is an important way of handling company affairs.Therefore,there are more and more disputes about the flaws in company's resolutions.When there are flaws in the company's resolutions,how to remedy the flaws in the company's resolutions and protect the rights and interests of shareholder becomes an increasingly important issue.China's current “Company Law” and“Judicial Interpretation IV of Company Law” stipulate the effectiveness of defects in company resolution,and also stipulate that the parties concerned can remedy the defects in company resolutions by bringing a lawsuit to the court.However,as an important document in the process of corporate autonomy,it is important to handle the boundary between corporate autonomy and judicial intervention.In terms of the relief for the defects of the company's resolution,there are some defects in the remedy of litigation and non litigation.It is against the principle of company autonomy to establish the relief for flaws in corporate resolutions entirely on justice.Based on this,through the method of case analysis,taking the case as the starting point,to lead to the problems to be discussed.Based on the analysis of a dispute over the validity of a company's resolution,this paper discusses the types of defects in company's resolution and their remedies,and explores the problems encountered in judicial practice in combination with other similar case samples.From the theory of practice,then from the theory to practice,and finally aiming at sorting out the corresponding problems,it proposes how to improve the remedies for the defects in company's resolution can be well solved within the boundary of autonomy and judicial intervention.First of all,starting from the theory,through explaining the concept and nature of the company resolution,the concept and type of the company resolution flaw and its impact on the effectiveness of the company resolution,to realize the understanding of the company resolution flaw.The Second is to analyze the problems arising from the identification of corporate resolution defects mainly from cases.Because the lack of commercial thinking and the vagueness of it's legislation make it impossible to accurately determine the effectiveness of corporate resolution defects,the discretionary rejection rule only stipulates in principle the lack of specific applicable standards,and the single relief method cannot well meet the needs of the corporate autonomy.In the end,it is mainly about the confirmation of the company's defectiveresolution and the suggestions on the establishment of non-litigation relief measures.It puts forward the views of accurately defining the effectiveness of the company's defective resolution,the unified view of the applicable standard of the discretionary rejection rules,and whether the non-litigation relief measures can be applied to enrich the confirmation of the company's defective resolution.It elaborates the practical necessity and theoretical necessity and leads to specific non-litigation relief measures.