The Resolution Of My Country's Shareholders Meeting Does Not Establish A System Improvement Study

In contemporary society,the corporation have gradually become the most important subject in the market economy.Compared with Western countries,Compared with Western countries,the company system in our country is still in its youth and immature,which makes it difficult for the company system and company-related laws to keep up with the pace of company development.In recent years,with the increasing openness of national policies and the progress of the market economy,the contradiction between the developing corporation and the backward corporation system has become increasingly prominent.Judicial practice for many years has shown that the original "Company Law" has unreasonable classification of the flawed system of shareholders' meeting resolutions,the incomplete system has greatly shackled the development of Chinese companies.In this context,"Judicial Interpretation of the Company Law(4)" came into being.With the promulgation of this judicial interpretation,the transformation of the flaws classification system from "dichotomy" to "trichotomy" has also been realized in our country.Although "Judicial Interpretation of the Company Law(4)" formally established the rule that the resolutions of the shareholders meeting are not established,there are still problems such as the principle of legislation and lack of research since there are not many domestic studies and literatures on this issue.The concept that the resolution of shareholder meeting is not valid has been composed in this paper to discuss the three types of flawss in the void shareholder meeting of resolution,including the flawss in convening the meeting,holding the meeting and voting at the meeting.The differences between invalid,revocable and void have been analysed in detail and the necessity of establishing the void resolution of shareholder meeting in our country has been clarified on this basis.Moreover,the current situation of legislation and judicial situation in our country has been analysed to seek the deficiencies in the litigation and non-litigation of the void resolution of shareholder meeting at this stage.After that,the foreign laws such as German,Japanese,Korean and Our Taiwan laws have been investigated and compared,respectively,to draw enlightenments from the current legal system in our country.Finally,the suggestions for improving and developing the existing system for the void resolutions of shareholder meeting have been provided form the aspects of clarifying the qualified plaintiffs in the lawsuit for the void resolutions of shareholder meeting,expanding the scope of qualified defendants in the lawsuit and establishing a mechanism for the void resolutions in the system.