Research On Precaution And Relief System Of The Defects Of General Stockholders Meeting's Resolution In China

It is the company's authority of all the shareholders,the normal operation of the transaction and the shareholders of its formation resolutions related to the interests of the company and our stakeholders,but the resolution of the meeting formed due to procedural or content on the process unfair constitute defects,thereby damage the interests of the company or related rights,so,in order to regulate the validity of shareholders' resolutions of the General Assembly,China's "company Law" and "company Law judicial interpretation of four" on the resolution of defects and related remedies It has been stipulated.However,in our practice justice,and we can not solve practical problems to meet the requirements of building should be improved overall relief system.Through theoretical resolution of the General Meeting of Shareholders Remediation analysis,analysis of existing laws and relevant case studies to identify the existing relief system defects,and from the analysis of foreign-related legal system and learn,improve our shareholders' meeting resolutions proposed Remediation System recommendations,so that it can be better to meet the requirements of judicial practice and social development.This paper is divided into four parts:The first part is the resolution of the meeting discussed the basic theory of defect relief.Brief Description of the nature of the shareholders of General Assembly resolutions,mainly on the type of defect resolution that is the subject of flaws,while the need for relief is analyzed.The second part of the resolution of the existing shareholders through the General Assembly of the Remediation System analyzes and explains the presence of the existing system of pre-litigation relief system flaw missing,defect litigation relief system is imperfect,and other defects.The third part is the analysis of the identification and relief system of shareholder resolutions related to common law and civil law in some countries of the General Assembly defects.The fourth part analysis by avoiding flaws,blemishes heal,litigation relief system for the resolution of the shareholders' meeting flaw made recommendations to improve the relief system.