Study Of Litigation Problems Between Internal Organizations In Incorporated Company

The researches on the litigation between the incorporated company internal organization orignated from the "Adam Opel Fall ". In the academic circles and the actual situation field abroad, this topic has been already discussed more than 20 years. The relevant discussions are based on lawmaking and judicatory background of company law in their own country. In recent years, most people in the professional realm accepted internal organization litigation in the incorporated company. In our country, the academic article and actual situation field seldom talk about this topic, even having only a few academic articles and no book particularly on this issue.Because of having no enough case examples, some discussions in this thesis are based on supposed conflicts between the internal organizations. For the booming rise of the incorporated company, the actuality that the benefits conflict increasingly turn worse, this article hopes to provide a kind of preventional solution.This thesis is under the lawmaking and judicial realistic backgrounds of company law and the civil procedural law in our country. Some civil procedural problems such as litigation right capaciity and litigation behavior capacity, the litigation expenseses, the performance of sentence are discussed in this thesis.The writer thinks that although the power mechanism of checks and balances between the internal organization in the incorporated company comes from the politics, the incorporated company differs from the state, after all. Whichever organizations all have no right and capacity force other organizations to implement the duty, for the sake of the order of the maintenance in the incorporated company, it is necessary to provide civil process as the resources that solves the dispute between the internal organization in the incorporated company, admittance of the litigation behavior capacity and litigation right capacity of the internal organizations do not disobey the actuality of lawmaking and judicatories. Litigation expenses and the performance of sentences will not obstruct the civil process basically. In a word, the internal organization litigation of incorporated company on the possibility and actualities is all to be admitted.