Study On Legal Issues Of Flaw Litigation Resoluted By Shareholder’s Convention

The board of shareholders or the general meeting of shareholders is the highest decision-making body of the company.The major decision-making matters of the company are to convene the general meeting of shareholders in accordance with the procedures.Only after the shareholders participating in the meeting vote can they come to a conclusion whether the decision-making matters should be carried out.Therefore,the resolution made by the general meeting of shareholders should be the unified expression of will of all shareholders and should represent the interests of the company and shareholders.However,in real life,the legal representative,director,supervisor or individual shareholder of the company often do something against the law or the articles of Association for their own interests,which seriously damages the rights and interests of other shareholders and the transaction safety of the company.In recent years,the number of disputes over defective resolutions has increased year by year,which shows that the disputes over defective resolutions are relatively large and involve a wide range of interests,and the demand for resolving conflicts through litigation is increasing.In order to effectively protect the interests of shareholders and the company,the law provides the corresponding remedies,that is,the defective litigation system of shareholders’ meeting resolution.Although the litigation system has not been introduced into our country for a long time,it is still developing and improving,but it can provide the litigation relief guarantee for the company resolution defects in our country.However,there are many problems in the actual operation of the defective action of the shareholders’ meeting,such as the single legal provisions,resulting in different trial standards,different judgments of the same case or malicious shareholders’ abuse of litigation and so on,which urge us to further study the litigation system and put forward corresponding improvement measures.The innovation of this paper lies in the combination of theory and practice,that is to say,in addition to elaborating the relevant theories of the defective action of the shareholders’ meeting resolution,it will also analyze the typical cases in the judicial field,find out the shortcomings of the litigation system in our country at this stage through the theory and cases,and try to put forward the idea of perfecting the shareholders’ meeting resolution in our country based on the advanced experience of foreign countries To discuss the measures of the defective litigation system can provide help for the development of the defective litigation decided by the general meeting of shareholders and further improve its operability,ensure the legitimate rights and interests of the company and its shareholders or other parties in our country are protected,and speed up the settlement of contradictions.