Research On Non-establishment Of Company Resolution

With the booming economic situation,the company has played an indispensable role in social life.Natural people,through continuous reinvestment,have a lot of interest in the company.In this case,how to balance the relationship between the company and its members,between members and even with the outside world becomes an increasingly important issue.How to switch and change in the will of members and companies or as a source of external business activities,all of this can't get rid of the application of the resolution.The development of this system is relatively late.The initial question about company resolution is only to understand,study and legislate with reference to infringement.However,with the gradual development of legal theory and the increasingly specialized and meticulous corporate system,the research on resolutions has gradually been standardized.The Research on the non-establishment of Company Resolution integrates civil law and company law into one,and cannot be limited to the company law and its judicial interpretation,as to the legal nature of the decision-making act.The discussion in the theoretical field has never stopped.Chapter VI of the General provisions of the Civil Code,adopted in 2017,identifies the nature of the resolution as a category of civil legal acts.And in the provisions of the Supreme people's Court on certain issues concerning the Application of the Company Law IV(hereinafter referred to as "interpretation of the Company Law IV"),which came into effect on2017,the validity of the company resolution is also blemished.Type invalid by previous resolution,The "revocable dichotomy" is modified into a "three-division" model,in which the resolution is not valid,invalid or revocable so as to link up with the theory of legal act of the General principles of Civil Law.It also provides a new train of thought for solving the judicial cases in practice,and has great significance in the legislative process,as well as in the aspects of plaintiff's qualification and non-establishment of the defects in the validity of the proposed resolution.However,the following problems are the application of these provisions in judicial practice,and there are still some system provisions are still unclear,need to be further discussed and explored.