New Probe Of Relief System To Amend Flaw In Company Resolution

Although there has been numerous research accomplished,at present,there is still unique value to probe into relief issue to amend flaw in company resolution.After The General Civil Law was published,company resolution has been considered as legal action,whereas dispute has never ceased.In addition,Company Law Judicial Interpretation Four has answered some questions in real practice,nevertheless it has avoided somewhat in comparison with The Edition For Soliciting Comments.Therefore it arises inadequacy in specific practices and argument about some questions.Non-litigation relief has certain blank scope.Current relief system is unable to resolve frequent disputes in company resolution.To create an excellent relief system which can amend flaw in company resolution is of more and more immediate significance.How exactly should our country construct a consummate relief system? Experts have spent substantial time in research and study.This paper catches background of nowadays,from theoretical logic and practical function,and reckons company resolution should be considered as special and independent legal action.Based on above,this paper has researched in relief system to amend flaw in company resolution,and tried to establish more reasonable and consummate relief means and thoughts.There are altogether six modules in this paper.The first part is introduction,which mainly introduces background and current status of this research.The second part aims at theoretical enhancement about relief system.In view of the trend of civil and commercial integration,this paper analyzes under the guidance of General Civil Law,concludes company resolution as special legal behavior,compares contract and common behavior and understands their characteristics.In addition,this paper discusses not only decision power and defect type,but also defect type of resolution in our country and inspiration to our country by other defect type.In the third part,this paper introduces difficulty of relief,recognition of relevant applicable scope,disputes in theory and practice,and regret in the development of relief system.All of these call for further improvement in our nation.In the fourth and fifth part,this paper brings how to enhance the path of relief system into discussion.The fourth part analyses the relief of litigation.Departing from the nature of resolution,making use of civil litigation regulation,relief of litigation need to pay attention to organization law's characteristics and make a further breakthrough.In order to reach requirement of practical use,this paper agrees that effective litigation should be implemented.The fifth part of this paper studies non-litigation remedies.It concludes that this manner will have practical significance and possibility.In specific construction,people should follow the regulation of withdraw and subsequent confirmation under Civil Law.Application should take each individual's characteristics into account.The sixth part of this paper is conclusion.It emphasizes how to use Company Law when confronting insufficiency of legal regulation and complicated flaw in company resolution.To make full use of relief institution,constructing a consummate and coordinated relief system in accordance with local situations are fundamental.