Studies On The Litigation Mechanism Of Company's Defective Resolution

In 2005, Company Law offers explicit provisions on the defects of company resolution, which provides clear criteria for the understanding of the defective resolution and judgment of the legal consequences. However, the current Company Law just constructs an integrated framework of the litigation mechanism of defective resolution, the specific aspects of which have not yet been refined. The dissertation studies the litigation mechanism of defective resolution by means of comparison, analysis, induction, charts and paradigmatic prove method; learns the related justice and practical experience from different countries and regions. Then in light of our nation's condition and the defects exist in our litigation mechanism of defective resolution to propose improve advice. This dissertation consists of three parts.Part 1 is to propose problems. This part discusses the basic theory of the litigation mechanism of defective resolution, states the concept of it and also analyzes the comerstone, the legislation and the existing problems of the litigation mechanism of defective resolution in our country.Part 2 is to analyze problems. This part discusses judicial relief approaches to the defective resolution and the contents which include the types, the cause of action and the legal effect. Making comparison of the legislation, justice experience and theory of the litigation relief system in different countries and regions in the world and also discusses the guaranty system of lawsuit, the discretion and rejection system, the objection system of shareholder and the apparent resolution to against the abuse of the litigation of defective company resolution.Part 3 is to solve problems. This part puts forward some detail suggestions on perfecting the litigation mechanism of defective company resolution of our country.