Perfect Corporate Governance Legal Judicial Intervention In China

Modern state most of the company law in order to maintain normal operation of the company and to protect the interests of the shareholders and creditors for the purpose, in general, companies rely on the company’s articles of association and company system, by means of company autonomy to protect shareholder rights, realize the normal operation of the company. Practice has proved, however, in some special cases, for example, when the company deadlock, companies cannot by autonomous means to protect shareholder rights and achieve company normal operation; When a single and directors, executive officers, abuse of power companies and shareholders’ interests, especially the interests of small shareholders will suffer. This a series of problems through the company’s articles of association and company autonomy and the system of internal relief has been unable to get a good solution,and this phenomenon in the emerging in recent years, the company developing, to some extent, restricted the healthy development of the company. The justice, as the public aid force is the guarantee of social justice mechanism, is the final settlement of the dispute, it is one of the important means to solve all kinds of civil disputes, not only for the same company governance couldn’t solve the problem through company autonomy in the process, still can be used as auxiliary means, so as to realize protection of rights and interests of shareholders, and ensure the normal operation of the company. To this, the theory and practice have begun to research and discussion on relevant problems, and increasingly become the focus of company legal science research.This paper mainly consists of five parts. The first part of introduction, summary of this paper introduces the writing background and significance of thesis, briefly describes the domestic experts and scholars to research status of judicial intervention in corporate governance system, and illustrates the thesis research methods and innovations.The second part introduce the basic theory of judicial intervention in corporate governance in our country. First introduced the judicial intervention and targeted the concept of corporate governance and the relationship between them. The second is the theory basis of judicial intervention in corporate governance. Finally discusses the meaning of judicial intervention in corporate governance.The third part is the problem of judicial intervention in corporate governance in our country and the analysis of its causes. First has analyzed our country judicial intervention in corporate governance and existing problems of the present legislation, mainly from the shareholders’ rights protection, the operation of the company authority with the intervention of non-lawsuit procedure analysis of three aspects; Followed by judicial intervention in corporate governance of our country’s judicial status quo and existing problems, including difficult cases and proof, judicial independence is difficult to realize and set the judgment thinking and judicial corruption in three aspects; Finally, the analysis of the causes of judicial intervention in corporate governance problems, points out that the current company law legislation heavy entity light procedure, the influence of the corporate personality and the company autonomy and the influence of the law itself limitations is the main cause of the problem.The fourth part is on the outside of legal regulation of the corporate governance and the enlightenment of judicial intervention is introduced and analyzed. First of all, introduce the legal regulating of the two representative countries of Anglo-American law system, this paper mainly introduces the judicial involvement in corporate governance business judgment rule in the United States and Britain faith obligation of the company law; The second is to introduce the judicial involvement in corporate governance in the legal regulating of the continental law system countries, such as Germany in the code of corporate governance "follow or explain" principle and Japan the non-lawsuit stipulated in the company law. Finally, summarize the corporate governance of our country judicial intervention outside of Revelations, including countries are clearly involved in principle of law, the strong maneuverability and more perfect non-lawsuit procedure at 3 o ’clock.The fifth part is about judicial intervention law to perfect the corporate governance problem in China. First of all, clear the basic principles of judicial intervention in corporate governance in our country, including the end relief principle, judicial passivity principle and procedures supplemented with physical principles. Second is pointed out that should further improve the legislation of judicial intervention in corporate governance in our country,including the detailed rules of the protection of shareholders’ rights, strengthen the protection of the company running the authority and the introduction of the intervention of non-lawsuitprocedure. Finally pointed out that to strengthen the corporate governance of all judicial judicial intervention measures, including the reasonable allocation of the burden of proof,correctly handle the relationship between judicial power and administrative power, and play a positive role in three aspects of case guidance system.