Research On The Effect Of Corporate Resolution From The Perspective Of Procedural Justice

The validity of corporate resolutions has always been a hot topic in the field of theory and practice in China.However,due to the absence of basic theory and legislation,it is still difficult to meet the needs of corporate governance practice.Under the background that the act of resolution has been formally stipulated as a new type of civil legal act in the civil code,how the characteristics of Corporate Resolution in group and expression of will fit with the logic stipulated in the civil code is a penetrating topic to explore the effectiveness of corporate resolution.Therefore,based on the theory and the current legislation,this paper analyzes the nature of Corporate Resolution from the behavior of resolution to corporate resolution,and constructs the definition of Corporate Resolution nature,which is based on the rules of civil juristic act of the civil code and the procedural rules of the company law.On the basis of following the orientation of Corporate Resolution in the civil code,it highlights the procedural justice and commercial characteristics of corporate resolution.Under the requirement of procedural justice,procedural defect,as the basic defect form of corporate resolution,has an obvious impact on the effectiveness of corporate resolution.Based on the procedural requirements of the company law and its judicial interpretation,this paper combs the procedural elements of the company resolution,and explores the impact of procedural defects on the effectiveness of the company from an empirical perspective.The implementation of the fourth judicial interpretation of company law marks the progress of the determination of the effect of company resolution from "dichotomy" to "trichotomy".However,due to the lack of the definition of the degree of procedural defects under the "trichotomy" and the lack of unified guidance of the rules of judicial adjudication to fill the loopholes,there are still many contradictions and inconsistencies in the determination of procedural defects in the effectiveness of corporate resolutions in judicial practice.In addition,the definition of the nature of civil juristic act also endows it with the necessity to increase the system in which the resolution does not take effect.This paper argues that the requirements of procedural justice give the feasibility of establishing the validity of corporate resolutions with procedural defects as the core.The identification of various procedural defects in judicial practice can provide a reasonable demonstration for the connection between the procedural defects of corporate resolutions and the effectiveness of corporate resolutions to a great extent.From the perspective of legal act,the procedural justice and commercial characteristics of corporate resolution can also provide guidance for the improvement of procedural defects and effectiveness.