The Empirical Study On The Judgment Of Disputes Over Corporate Licenses Returning

Disputes over corporate licenses returning as an independent civil case,the number of cases has been increasing in recent years.With the increase of such cases in judicial practice,the focus of the practice community on such cases is focused on the "technical operation level",that is,how to file such lawsuits to the courts and the specific operation methods of it.However,corporate licenses are different from other corporate properties and have the function of externally characterizing the corporate.Disputes over corporate licenses returning often involve competition for corporate control in the corporate's internal governance.Therefore,this type of disputes is fundamentally different from disputes over ordinary property returning,which damage the corporate's rights and interests.The necessity and rationality of the design of this type of case is discussed,and the theoretical basis behind the determination of the subject's qualifications and the ownership of the corporate licenses which especially important to reflect.After screening all the public judgment documents related to the " Disputes over corporate licenses returning ",a total of 734 judgment documents were obtained as research samples.The research focuses on the core issues,such as "the object of litigation" "who can file a lawsuit on behalf of the corporate " "defendant status" "defendant's defence reasons" "court judges who holds corporate licenses" "legal nature of the corporate licenses" "the specific expressions of the court's reasoning part involves judgment of the corporate's intentions" "decision result" and "corporate types" are used to organize and count the judgment documents,focusing on sorting out and analyzing the court's determination of the subject's qualifications and the ownership of the corporate licenses returning's opinions and reasons.After empirical investigation,it is found that the reasoning of the judgment documents in this type of cases basically follows the recognition of the significance of the corporate licenses tothe corporate-determine the subject's qualifications-analyze whether the parties have the right basis to hold the corporate licenses-judge the corporate licenses attribution logic of the judgment,and some judgment documents also try to clarify the special legal nature of the corporate licenses through the interpretation of the reasons for the judgment,and use the principle of distinguishing the corporate's intention from the expression of reason in the reasoning process.The entry point of this research is the important significance of the legal nature of corporate licenses.The observation perspective is the characteristics of the corporate's meaning expression mechanism,and the technical route is the principle of the corporate's decision determination and the meaning distinction.It can be found that there are three issues in the judgment of returning the corporate licenses: the legal nature of corporate licenses has yet to be clarified,the characteristics of the corporate's intention expression mechanism have yet to be clarified,and the distinction between the corporate's decision and expression has yet to be confirmed.Through the analysis and theoretical review of the status quo of this type of dispute adjudication,it is necessary to comprehensively apply the methods of legislative theory and interpretive theory on the premise of following the logic of reversion disputes,to clarify the special legal nature of corporate licenses,and to take into account relevant theories of corporate governance focus on the application of the principle of distinguishing internal and external disputes of the corporate and the principle of distinguishing between the corporate's decision and the expression of meaning,in order to correct the judgment logic of disputes over corporate licenses returning.