On The Judicial Remedies Of The Dispute Of Stockholder's Equity In The Early Nanjing National Government Period

The development and advancement of society,the evolution of civilization is intertwinded with the effective settlement to disputes.It is safe to draw the conclusion that the history of dispute settlement is as long as the human history.Dispute settlement comes with disputes.In different countries or in the different periods in the same country,there are different emphases.In ancient times in china,the government emphasized the elimination of the disputes,maintaining the dignity of the emperors and the ruling order.It was finishing the disputes instead of settling them.In the advocate of rights in modern times in China,legal rights and obligations were emphasized.Tribunals emphasize to settle the disputes by clarifying the rights and obligations,achieving just results with substantive law.In our contemporary society,trial procedure is the focus of the govemment and litigants.What are emphasized is not only the just results,but also the procedure.The survival and operation of companies is always with the scramble of the stockholder's equity.The series of disputes on the company equity and stockholder's equity between stockholders and companies, stockholders and stockholders are always the serious problems in company operation.Stockholders' choice to solve the disputes is closed related to their faith on the civil procedure and the equity remedy.In Nanjing National Government period,a variety of systems arose, leading to a variety of methods to settle the company stockholder equity disputes.There are personal remedy,public remedy and judicial remedy according to the different settlement.As the development of the society and the enhancement of the judicial function,the judicial remedy came to be the major method.The court,whose justice,finality and authority of the judicial remedy couldn't be compared with other remedy methods,became the major arbitrator to settle the disputes.In studying the problem,the author finds the following regulations:company stockholders chose the judicial remedy based on the relation between the equity concept and the civil trial.On the other hand,the Supreme Court,holding that the legal leak must be filled,emphasized the judgment precedent and explanation precedent when applying the law,which became the source of the company law and meanwhile.Therefore,the judgment precedent and explanation precedent were more and more important in the development of company law.The dissertation consists of introduction,text and conclusion.Chapter One:the Historical Review of the Legislation of the Company Stockholder Equity Protection modern Chinese Company Legislation arose from "Company Rules",which,including 17 articles "stockholder rights" is the first law to protect Chinese stockholder's rights.The following "Company Regulations" in 1914 and "Company Law" in 1929 inherited the legislation tradition.The author analyzes the changes in the legislation rules,legislation proposes and the specific items,and describes the motion of company stockholder equity.Meanwhile,the author analyzes the historical source of the stockholder equity protection,and points out that the regulations offered the frame and part of the procedure rules to settle the company stockholder equity dispute.Chapter Two:The Conflicts and Balance in Rights.The conflicts between the company and the company stockholder rights derived from the agency system,the separation between the ownership and the management, the ownership and the control power.The company law aims to protect the stockholder equity.Through regulating the rights,the law takes a more strict system design than the company regulations to define and protect the stockholder equity.Meanwhile,the company law and the company rules supply the stockholders with a series of remedy methods from the angel of regulation and procedure rules.Chapter Three:The Main Types of the Disputes of Company Stockholder Equity Stockholder equity disputes go through the setting up, the survival and the end of a company,he text,according to the periods, divides it into the equity disputes in the setting up of a company,the survival of a company and the end of a company.These disputes were around the stockholder equity,and they are also the equity conflicts in practice in company law text.Chapter Four:The legal source of the judicial remedy of company stockholder equity conflicts Because the Nanjing National Government legislation excluded business customs,the company law,the product of the "legislation conference",was characterized by stiffness,which is the character of the written law.In the judicial remedy of the company stockholder equity conflicts,the judicial organs represented by the Supreme Court,applied not only civil law,company regulations,but also customs, judgment precedent,explanation precedent,theories and so on.The application of judgment precedent,explanation precedent was supplement to the written company law to some extent.The appearance of judgment precedent,explanation precedent not only enriched the legal source of the company law,but also influenced deeply the legislation and judiciary in Nanjing National Govemment.Chapter Five:The Operation of the Judicial Remedy of Company Stockholder Equity Conflicts.This chapter analyzes the operation procedure of the judicatory remedy of company stockholder equity.These cases concern the incorporation of a company,the maintain of a company and the end of a company.The author analyzes the judgments and items rationality to the stockholder equity conflicts.Through the cases,judicial remedy's influence on the company law is shown.Chapter Six:The Legal Culture analysis of the Judicatory Remedy of Company Stockholder Equity Conflicts.This chapter points out the merits and demerits of the non-legal settlement and legal settlement of company stockholder equity conflicts through comparison,and analyzes the characteristic and the merits of the civil action. To protect the stockholder equity,the company law uses not only the internal remedy methods but also the judicial remedy.The concept of rights is closely related to trial.The judicial remedy,settling disputes,and improving the legislation system of the company law by the applying judgment precedent and explanation precedent,played a vital role in achieving the internal and external equity of a company.