The Law Of The Company's Resolution Of Defect Relief Is Applicable

It is important to study that law on the remedy of the defect of corporate resolution,which is of great value to the legislative perfection of the Chinese companies act,and also has guidance on the judicial practice of the company law.The balance of interests between the company and related parties and the healthy and orderly development of the company need to rely on fair and just company resolutions.The corporate legal systems in various countries have imposed strict legal regulations on company resolutions and established relief systems for resolutions.China's newly amended “Company Law” in 2005 also determined the corresponding rules for the formation of resolutions and litigation remedies.However,due to the low stipulation of the "Company Law" in our country,it can not meet the needs of judicial practice.Therefore,the "Supreme People's Court's Provisions on Certain Companies in the People's Republic of China(4)" were introduced by the Supreme People's Court in 2017.To improve the company's resolutions and remedies to make up for deficiencies in the company law.This article is based on The Judicial Interpretation of the Company Law(IV).and draws on mature foreign legislation and practical experience.This paper attempts to analyze the legal application of the company's resolutions and remedies,and provides reference opinions for the correct application of China's "The Judicial Interpretation of the Company Law(IV)".The first to sixth are provisions concerning the company's resolutions and relief issues,which mainly involve three aspects:First,establish a complaint that is not established.Second,the scope of the plaintiff in the resolution resolution case is clarified.Third,the legal validity of the resolution was invalid or the resolution was revoked.content closely around The Judicial Interpretation of the Company Law(IV).The first part of the article is to analyze the nature of the company resolution and effectiveness,and external validity of the analysis of the company resolution of The Judicial Interpretation of the Company Law(IV)and discussed the provisions of article 6.The second part is the classification of the company defect resolution.In this part of the content,this article compares the three types of company's resolutions in accordance with the degree of ambiguity,and tries to clarify the boundary between the three,and at the same time highlights the type of resolution that is not established.The third and fourth parts of this article are based on the general theory of company law to discuss non-litigation resolutions and litigation remedies.This article will train one pair plaintiff range resolution of this issue in the effectiveness of individual cases described in Chapter ?.