The Structure Of Nature Of Resolution Behavior

As a way of forming the will of a group,the resolution behavior is an independent legal act,which takes the voting behavior of the members of group as the constituent element,influences the internal legal relationship of group through the democratic majority decision procedure,and binds all the members of group,and which stands in parallel with unilateral legal acts,contracts and common legal acts.The system division is based on the interactive rules of meaning expression contained in legal acts.The rule of interaction of expressions is one of the necessary elements for the establishment of legal act except unilateral legal act,that is the rule of democratic maj ority decision of meaning expression.The democratic majority rule of meaning expression conflicts with the principle of autonomy of private law or autonomy of will because of the effect of minority’s obedience to majority,seeming to violate to the liberal spirit core of private law.However,the legitimacy of the democratic majority rule in the resolution behavior comes from the group autonomy,which accords with the principle of private law autonomy in essence.On the other hand,the due process of the majority rule generally includes the meeting procedure and the voting rule,which reflects the interactive mode of the expression of the intention of the participants in the resolution act from both the process and the result Reflected in the norms of positive law,that is,the establishment of the act of resolution must be in accordance with the law or statute of the rules of procedure and voting procedures.Meanwhile,because of the gap between the legal attribute of the above-mentioned resolution act and the traditional legal act,it has produced a series of system effects of limitation and influence on its establishment,validity and defect form,so it is difficult to apply the general system rules of the traditional legal act theory.The provisions of the existing norms of the General Civil Code on the conduct of resolutions are not comprehensive and systematic,and their inclusion in the Code is a beginning,not an end.