A Study On The Effectiveness Of Corporate Resolution Behavior

The formation of the company’s meaning and the external representation are different from those of the natural person.For a company with an independent legal personality,the meaning of its internal shareholders must be translated into the company’s meaning in accordance with the resolutions recognized by the law and the company’s articles of association.Civil legal acts.It can be seen that the company’s resolution is an indispensable key link in the corporate governance structure of modern society,including the resolutions of the shareholders’ meeting,the resolutions of the board of directors and the resolutions of the board of supervisors.Due to the rigorous requirements of the company’s resolutions in terms of procedures and content,along with the development of the company law,coupled with the rapid development of China’s economy and the transformation and upgrading of the industrial structure,more and more companies have emerged as a result,and the resulting benefits The entanglement has also increased.In recent years,there have been more and more cases of complaints about the effectiveness of company resolutions,and the situation has become more complicated.However,due to the long-term adherence to the concept of “legislation should not be fine”,China’s “Company Law” only has a framework-like provision of Article 22,which obviously cannot better protect shareholders’ rights and solve problems in judicial practice.Therefore,in response to the increasingly complicated political economy and legal environment and the resolution of real disputes,the Supreme People’s Court of the Supreme People’s Court officially implemented the provisions of the Supreme People’s Court on the application of the <Company Law of the People’s Republic of China on September 1,2017(4)(hereinafter referred to as the Judicial Interpretation 4of the Company Law),this interpretation has improved and improved the company’s litigation and refereeing rules to a certain extent,and unified the refereeing standards of some corporate litigation cases.In particular,the introduction of the "three-point method" legislative model has filled the gaps in the law,strengthened the protection of shareholders’ rights,and improved the institutional system for the effectiveness of corporate resolutions in China.However,this explanation also has its shortcomings.This article takes the effectiveness of the company’s resolution behavior as the research object.By consulting the relevant literature,it closely follows the main body of the company’s resolution behavioral effectiveness system,and interprets the basic theory of the company’s resolution behavior as the starting point.A comparative study of legal perspectives hopes to bring some inspiration to readers.In addition to the introduction and conclusion,this article will interpret it in three parts:In the first part,this chapter is a discussion on the theoretical basis of the company’s resolution behavior.It focuses on the analysis of the legal nature of the company’s resolution behavior.Based on a comprehensive analysis of the different theories of the nature of the resolution’s behavior,it concludes that the resolution is a There are independent special legal acts different from unilateral,bilateral and joint behaviors,and the author puts forward a new understanding that the legal nature of the resolutions is not singular.It laid a theoretical foundation for the study of the effectiveness of the company’s resolutions.In the second part,this chapter is a comparative study on the types of corporate resolution behaviors.Based on the above research on the nature of corporate resolutions,the paper analyzes the different classification models and main viewpoints of the two major legal systems,and makes an analysis of the existing legislative models in China.In the third part,this chapter is an analysis of the litigation mechanism of company resolution behavior.Specifically,through the nature of the effectiveness of the lawsuit,the eligible party,the exercise period,the effectiveness of the judgment,and the cause of the problem and the cure,the paper analyzes the action of the company’s resolution.