Research On The Relief Of Corporate Resolution Defects

Corporate resolution is the main way to achieve corporate governance,which can not only affect the strategic decision of the company,but also affect the daily operation of the company.Therefore,how to effectively remedy the flaws in corporate resolutions has been a very important and hot issue in the field of corporate law.On August 28,2017,the supreme people's court issued the "" provisions on the application of certain issues of the company law of the People's Republic of China >(iv)" ".The judicial interpretation endows the interested parties of defective company resolutions with more relief methods,but this interpretation only solves some problems existing in the original system of defective company resolution relief in China,and does not fundamentally solve the balance between the protection of corporate group interests and the protection of individual interests.As the relief and protection of China's company law follows the traditional civil theory and focuses more on the protection of individual interests,the protection of corporate interests is relatively weak,which even causes shareholders to abuse the relief rights granted by the company law and thus affects the normal operation order of the company.In order to better improve the relief system of corporate resolution in China,the tension between the protection of group interests and the protection of individual interests should be alleviated.After collecting and consulting relevant literature and materials,the author puts forward his own views on relevant issues based on China's national conditions and foreign legislative and practical experience,with how to improve the relief system as the research focus.In addition to the introduction,conclusion,references and acknowledgements,the paper is divided into three parts:In the first part,the author mainly reviews the current situation and theoretical situation of corporate resolutions and defects in corporate resolutions,and demonstrates the necessity of improving the relief system of corporate resolutions in China.In the second part,the author analyzes the problems and points out the shortcomings of the relief system for the defects of corporate resolutions in China.The third part,mainly in view of our country present company resolution flaw relief system existence question,proposes the individual consummation suggestion.