Research On The Relief System For Defects In Company Resolutions

The company’s position in the market is very important and is closely related to economic and social development.Therefore,whether the company’s behavior is legal and standardized is related to the rights and interests of stakeholders,and it also promotes the development of economic life.If the company’s resolution is flawed,it will not only damage the interests of shareholders and third parties,but also damage the company’s reputation and affect the credibility of its actions.In the "Company Law" promulgated in 2005,my country formally confirmed the remedy system for resolution defects in the form of legislation,that is,initiating lawsuits for invalidation and cancellation of resolutions.With the development of my country’s market economy,the dichotomy legislative model is no longer sufficient.Judicial status quo,"Judicial Interpretation of the Company Law(4)" came into being,and added a third type,namely that the resolution was not established,which further improved the relief of the company’s resolution defects,and formally established the lawsuit relief model of the rule of thirds.This article takes the remedy system of company resolution defects as the research object,and through the introduction of the remedy system of company resolution defects in foreign countries such as Germany,Japan and South Korea,it compares with our country’s current legislation,in order to improve the relief of resolution defects in our country.In addition,we searched Shanghai’s resolution defect dispute cases in the past eight years,and analyzed the cause of the defect effect and the subject of the litigation,and found that there are still many problems in the application of the company’s resolution defect in our country,such as confusion in the determination of the effect of the defect,and litigation.The subject qualifications are not uniform,and the different treatments during the reprimand period that can be revoked,and the problem is analyzed in the form of one-to-one correspondence with the problem,hoping to find the root cause behind the problem,and prescribe the right medicine to make the problem.It can be properly resolved,and the remedy system for resolution defects has been improved.Therefore,finally,based on the previous analysis,we put forward countermeasures to solve the problem,improve the types of resolution defects from the two levels of content and procedures,and appropriately expand the scope of the plaintiff’s qualifications on the basis of the current legislation,especially the revocation The plaintiff in the litigation is extended to directors or supervisors.The expansion of the plaintiff is conducive to the relief of the flaws in the resolution,which not only protects the interests of shareholders,but also maintains the fairness of the company’s resolutions.It also improved the litigation remedy system for the company’s resolution flaws by refining the time limit for litigation and allowing the initiation of valid litigation,and actively introduced non-litigation remedies to build a combination of non-litigation and litigation remedies to share The pressure of litigation relief,the two work together to better resolve the company’s resolution defect disputes in practice,make the resolution defect relief system more effective,and strike a balance between protecting the legitimate rights and interests of shareholders and maintaining transaction security.