Research On Litigation Resolution Mechanism Of Dispute Over Return Of Company Licenses

In order to meet the practical needs,the Supreme People’s Court set the company certificate return dispute as an independent three-level case in the Provisions on the Causes of Civil Cases amended in 2011.Since then,the number of judicial statistics of the company certificate return dispute cases has increased significantly.As a typical company dispute,the Dispute over return of company licenses has a long history.The content of the dispute is to fight for the control of the company licenses.In most cases,the subject of this kind of dispute is the internal personnel of the company and related companies,and in a few cases,it involves the external personnel of the company.The scope of the company license should be interpreted broadly,including the license type,seal type and other special property.From the perspective of judicial practice,this kind of dispute has the basic characteristics of single disputing fact,clear legal relationship,more related disputes and special execution object.The special value of the company’s license,the lack of relief of the company’s internal governance mechanism,the limited operation of the registration system,and the lack of a perfect license management system for small and micro enterprises are the main reasons for the dispute.According to the analysis of the present situation of the litigation resolution mechanism of the company license return dispute,we can conclude that the problems existing in the practice of the dispute resolution of the company license.First of all,in practice,there are some problems in such cases,such as the blurred boundaries between the scope of corporate autonomy and the scope of case acceptance of the court,and the unclear qualification standards of the legal representative.Secondly,the litigation process of the return of the company license is too long because of the appeal cases and related disputes.Finally,there are difficulties in the plaintiffs proof in the process of litigation.The existence of these problems leads to the litigation to solve the dispute due effect can not be realized,not conducive to the efficient settlement of disputes.The adjustment of the litigation resolution mechanism for company license return disputes combines the basic characteristics and causes of company license return disputes,and puts forward suggestions for optimizing dispute resolution and improving the quality and efficiency of dispute resolution based on the existing problems in the current situation.First,the referee should follow the basic legal principles,straighten out the judgment thinking,clarify the judgment criteria for the subject of litigation,grasp the boundaries between judicial intervention and corporate autonomy,and clarify the scope of court cases.Second,the judge should make good use of the rule of presumption of fact when trying a case,and try to reduce the burden of proof on the plaintiff while pursuing the truth of the case.Third,according to the characteristics of disputes,take multiple measures simultaneously,advocate giving priority to mediation and settlement of cases,carry out element based trials,and utilize the linkage mechanism for dispute resolution to improve the efficiency of dispute resolution.