The Company Decided Not To Establish Legal Issues

The construction of the legal rules for the establishment of company resolutions shall be confirmed in the Supreme People Court's Provisions on the Application of Certain Issues in the Company Law of the People's Republic of China(4)(hereinafter referred to as the “Company Law Interpretation(4)”,and the company's resolution is realized.The effectiveness of the system from the "dichotomy" to the "three-point method" has effectively linked the provisions of the "General Provisions of the Civil Law of the People's Republic of China"(hereinafter referred to as the "General Principles of Civil Law")on the establishment of "resolutions." The trend of increasing year by year has also emerged,and the constantly improving system structure provides a reasonable and feasible path for the resolution of resolution disputes in practice.In the judicial practice,the problem of disputes between companies is resolved,and a large number of different judgments are found in the same case.The application of the law has caused considerable confusion,which has jeopardized the legitimate rights and interests of the relevant subjects.The provision that "the resolution is not established" only provides a choice for the court to hear similar cases.The practice does not notice the difference between the types of defect.Substantially different,and the specific application of the rule does not establish rules In this paper,the deviation in understanding the company explained in a resolution "from the inside out" logic architecture is not established legal rules related problems:The first part and the last part of the article are the introduction and conclusion respectively.The introduction part mainly introduces the background,research significance and theoretical research status of the legal rules.The conclusion is based on the lack of research methods and contents.The future research directions are summarized and forecasted.The first chapter mainly analyzes and determines the nature of the resolution behavior,and is also the theoretical starting point for the establishment of legal rules without the establishment of legal resolutions.By sorting out the relevant scholars' identification of the nature of the resolution,the main dispute is the formation of the legal behavior and the meaning formation.The controversy lies in whether the resolution behavior contains the meaning representation,and at the same time,as a starting point,comprehensively analyze the internal mechanism of the resolution behavior.The behavior of the resolution conforms to the characteristics of the subject,the characteristics of the expression of the law,the characteristics of the rights and obligations,and thus determines that the act of the resolution is a legal act,and the failure of the resolution is immediately unfounded.The second chapter expounds the development status of Chinese resolution system,including the legislative status quo and judicial dilemma.In terms of legislation,the legislative arrangement of the resolution system is mainly introduced by the representative countries outside the country.It is believed that the legal rules for the establishment of the resolution should not be placed in the company law,so as to maintain the stability and uniform applicability of the resolution system.The judicial dilemma mainly lies in practice.In the handling of dispute resolution cases,the judgment of the referee and the inconsistency of the judgment result are also the premise for the empirical study below.The third chapter firstly analyzes the difference between the rule of non-establishment of the resolution and other types of theory,and then through the method of empirical research,the legal application confusion in the practice is presented in the order of the meeting convening ? meeting convening ? meeting voting resolution.The problem is to pursue the accuracy of the application of the law,and rationalize the judgment of the dispute resolution case to avoid the problem of different judgments and damage to the legitimate rights and interests of the relevant subjects.The fourth chapter mainly analyzes whether the resolution is not established,and whether it affects the good-will relatives.It proposes problems in the way of interpretation of the law,and solves the external influences of the resolutions through the path of agency system and legal interpretation.The external structure provides a comprehensive analysis of the legal issues arising from the failure to establish a resolution.