On The Effectiveness Of Corporate Decisions

Although corporate legal persons and natural persons are not the same,but for the purpose of expressing meaning,both are very similar,that is,both can implement meaning and expressive behavior.The difference is that corporate legal persons must be conducted through internal agencies,and natural persons’ expressions can be Freedom to proceed;the corporate personification of the company decided that it must be made through the statutory authority.Therefore,the company’s resolution must follow certain legal procedures and must not violate laws,regulations and The company’s articles of association,the company resolutions made in this way are complete and effective.If you cross the red line,then the company’s resolution is flawed.Prior to September 1,2017,our country’s judicial practice only stipulated that the company’s resolution was invalid and the company’s resolution could be revoked in two forms.This article is more limited and ambiguous with respect to the company’s resolution,and is faced with judicial practice.A large number of cases that exceed the "Dichotomies" extension have no reasonable basis for recognition.The provisions of certain issues of the "Judicial Interpretation(4)" newly increase the incompatibility of company resolutions.It is determined that the judicial practice of the Chinese company law will be changed from a "dichotomy" to a "trisection".This article is divided into six chapters: The first chapter is the introduction,which mainly explains the research background,significance and research methods.The second chapter mainly discusses the different viewpoints of the legal theorists on the resolutions of the company and clarifies the nature of the company’s resolutions.From the perspective of different doctrines,the extension of the company’s resolutions.The third chapter mainly through the reference to the Supreme People’s Court trial case,the current stage of the company’s decision to determine the judicial practice of refereeing rules,sort out the rules for different types of company decisions.The fourth chapter seeks reference to the legislation of the "Company Law" in China by citing the relevant contents of the foreign company law.The fifth chapter discusses in detail China’s "Judicial Interpretation of Corporate Law(4)" on the interpretation of the company’s decision not to establish a system.The sixth chapter mainly focuses on the conception and improvement of the company’s remedy method and mechanism.