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Research On Affirmation Company's Non-established Resolutions

Posted on:2021-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:S W PengFull Text:PDF
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For a long time,there have been some differences in the classification of the types of defective resolution in both academic and practical circles,that is,the debate between double form and triple form.Before the Judicial Interpretation of Company Law(IV),China supported the double form from the legislative level,but in judicial practice,there have been some judgments that found the resolution(especially the judgment with serious procedural defects)is not established.Judicial Interpretation of Company Law(IV)clarifies a non-established resolution as a type of defective resolution,which makes a significant push from both the legislative and judicial practice level.However,for a non-established resolution,the provisions of Judicial Interpretation of Company Law(IV)are relatively abstract.Therefore,this paper aims to analyze the typification of non-established resolutions by researching cases in practice from the perspective of legal provisions.The first chapter mainly studies the nature of the resolution.The resolution nature is the fundamental starting point to solve the related problem of defective resolution,therefore the author first compares the at present academia for resolution of the nature of several different point of view,and then starting from the related to the law on the general civil law,using the system to explain and direct interpretation,demonstrates the resolution in essence is a special kind of legal act.The double formand the triple form are classified for defects on the theoretical resolution,the difference between the two forms in whether acknowledged that non-established resolutions for the drawbacks of single resolution type.So the I mainly makes a comparative analysis of the double form and the triple form from the perspective of comparative law,analyzes the values and differences of the two kinds of resolutions,and finally returns to the Judicial Interpretation of Company Law(IV)to demonstrate the rationality of adopting the tripartite method for classification in China.After the non-established resolution is determined the type of defect resolution for independence,the second chapter analyzes three types of defective resolution under the perspective of the triple form,applied the principle of legal act,and divide these three kinds of defective resolution into two types that founded on the defects and flaws in effectiveness,to distinguish defective resolutions from the established condition,value orientation,eventually forming a set of distinguish rulesThe third chapter takes the article 5 of Judicial Interpretation of Company Law(IV)as the clue,analyzing the provisions in the judicial practice by real cases,found existing in the practice of case type,analyzing the problems in different types of cases,and added in practice may be considered a non-established resolution.To provide relevant adjudication rules for judges in the process of adjudicating specific cases.The fourth chapter returns to the relief problem of the untenable resolution,analyzes the loopholes and deficiencies of the existing litigation relief legislation in China from the two aspects of litigation relief and non-litigation relief,and proposes the corresponding solutions and introduces the corresponding non-litigation relief system.
Keywords/Search Tags:defective resolutions, analyze the typification, non-established resolutions
PDF Full Text Request
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