| In recent years,in the judiciary,the number of cases of company disputes is increasing,and the number of the company's resolution is more than 60 per cent of the number of disputes in the company.With the development of the society and the economy,the number of disputes in the company will continue to grow.In 2017,the Supreme People's court formally promulgated the provisions on the application of the "People's Republic of China company law"(four).With the introduction of judicial interpretation,it has aroused extensive attention and discussion in both academic and practical circles.In the judicial practice,there are many difficult problems,at the same time,there are also different views of the referee,and the new judicial interpretation,in the judicial practice,there will be new problems,and need to practice to sum up.This article first expounds the concept,nature,validity of the company resolution and the concept of the defect of the company's resolution and the type of the validity of the company's resolution.Secondly,the current legislation on the defect of the company's resolution is expounded.Again,the limitation of the resolution of the judicial intervention is not clear,the defect of the company's decision is in the lawsuit and the company.The imperfection of the non litigant remedy of the resolution of the resolution is analyzed emphatically in the judicial judgment.Finally,in view of the problems existing in the judicial adjudication of the defect of the company's resolution,it is concluded that the invalid lawsuit of the company resolution,the revocable lawsuit of the company resolution and the appropriate plaintiff of the unestablished lawsuit of the company resolution are summed up.This paper puts forward some suggestions on the problems existing in the litigation and retroactive action,and improves the limits of the judicial intervention in the company's resolution,and puts forward some suggestions on the non litigious remedy for the defect of the company's resolution. |
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