The Effectiveness Of The Shareholder’ Flaw Resolution Problem Research

The shareholders’ committee is made up of all shareholders of the company top decision authority, the supreme organ of authority. On the company when the shareholders’ committee resolution legal form, of all the members of the shareholders, directors, managers and other companies to produce binding. When the company according to the content of the shareholders’ committee resolution when dealing with a company outside of the third person, the binding is wider.Therefore, guarantee the impartiality of the shareholders meeting place a resolution and legitimacy, to safeguard the legitimate rights and interests of companies, shareholders and the third person is of great significance. But in recent years, with the dispute resolution concerning the shareholders’ flaw day.Due to the shareholders’ committee resolution flaws of the drawbacks of relevant content involves the resolution process, the drawbacks of the content of the resolution and resolution has been revoked or not, was declared null and void or not the value judgment of such issues, the regulation of our country "company law" is principle have been unable to meet the needs of judicial practice. In the long run, will inevitably lead to the running of the company is facing a lot of security problems caused by the lack of legal.In this paper, I will related to the research topic of shareholders’ flaw resolution effect problem Closely, by the shareholders’ committee resolution flaws of general concepts as a theoretical basis points, to the shareholders’ committee resolution and decision elements content leads to the legal nature of the classification, the influence of shareholders’ flaw resolution flaw resolution effectiveness of different defects and relief way, flaws in legislation and theory of comprehensive analysis our country shareholders resolution related institutional defects. The discovery of the existing problems of the effectiveness of shareholders’ flaw resolution system in our country problems, through comparative study on the extraterritorial legislation, use for reference the experience of developed countries in the aspects of legislation. Combination with the current system in China, in view of the existing system flaw, focuses on the interest of the shareholders and protect the transaction security of society, fromthe shareholders’ committee resolution flaws of the judicial relief way, increase the defect resolution type, increasing the judge discretion to dismiss system and in view of the defect resolution has been revoked or was declared null and void retrospective judgment to the relevant provisions of the system construction, put forward the systemic perfects our system of shareholders’ flaw resolution effect problem of feasible Suggestions. I hope the article content can bring certain inspiration to the reader.