The Research Of Suitabout Flaw Of Company Decision

As the company's main organs, meeting of shareholders﹑ board of directors and board of supervisors, are making the resolution on the company's great matters, there will inevitably be the situations leading the process or the content of the resolution to violate the law, administrative laws and regulations, and the articles of the association; whether for the malicious subjective reasons of the shareholders or for other objective reasons.In order to safeguard the interests of shareholders and further standardize the important part—resolution, our nation's "Company Law" in 2005 have made improvement on the litigation of resolution flaws, which, to a certain extent, is adapted to the socio-economic development requirements of the company's legal norms; nevertheless, it is undeniable that the existing provisions of "Company Law" also has its limitations, which leave enough space to be discussed.Based on the carefully sorting out and analyzing the specific legal provisions on the litigation of resolution flaws of the "Company Law", this paper propose comprehensive suggestions on the litigation of resolution flaws, not only discussed macro-issues such as the introduction of the litigation of resolution flaws by board of supervisors, and the improvement on the litigation of the compensation, but also addressed details like prosecuting in the legal period, the party concerned, the guarantee system, and he burden of proof ,etc.The basic framework of this article is as follows: the first chapter makes a preliminary study on the conception of the litigation of company's resolution flaws, system values and other related issues; Standing on China's "Company Law" specific legal provisions, the second chapter assesses the nature, the specific causes, and classification of the company's rescission action and invalid action; based on the discussion of the first two chapters, the paper draws a suggestion of perfection on the litigation of resolution flaws of the China "Company Law" from the procedural and substantive point.