Research On The Defective System Of The Shareholders' Meeting

Long-term since,The company law does not clearly stipulate the Non-established Resolution of Shareholders' Meeting.However,in judicial practice,some courts judge the defects of resolution of shareholders' meeting according to the Non-established Resolution of Shareholders' Meeting,This approach of lawlessness has been widely questioned.The introduction of the "company law judicial interpretation 4" clarified several situations that led to the failure of the resolution of Shareholders' Meeting,so,there are laws to abide by for Non-established Resolution of Shareholders' meeting.For making a clear standard for the application of the defective system in the Shareholders' Meeting.In this paper,I try to smooth the relationship between different defect types of the resolution of shareholders' meeting(resolutions not established,revocable resolutions,invalid resolutions)which can Enrich the theory of resolution defect.At the same time,I hope to have some guidance to practice.The second chapter defines the concept of the defect of resolution of Shareholders' meeting on the basis of clarifing that the nature of the resolution of shareholders 'meeting is legal action,And then from the legislative model of dichotomy and the tripartite,In combination with national legislation evolution,This paper discusses the specific categories of the defects of resolution of shareholders' meeting in dichotomy and the tripartite method,and evaluates The dichotomy and tripartite method,The tripartite is the legislative development trend of the system of defects of resolution of shareholders' meeting.The third chapter discusses the established defect of the resolution of Shareholders' meeting in tripartite method,try to summarize the constitutive elements of the established resolution according to the basic viewpoints of legal behavior theory in civil law.On the basis of this,it summarizes the reasons for the decision of the Non-established Resolution.The fourth chapter elaborates the defects in potency of the resolution in tripartite method,Including revocable resolutions and invalid resolutions,and summarizes the reasons for the decision of the defects in Potency resolution of the shareholders' meeting.The fifth chapter Outlines the remedy of the defects of resolution of shareholders' meeting from the two aspects of non-lawsuit relief and lawsuit relief.It also makes a brief comment on the relevant provisions of company law and judicial interpretation.