The Empirical Research On The System Of Revocable Corporate Resolution Discretionary Rejection System

In order to restrain shareholders’ unreasonable litigation,to balance the internal and external relations of the company,and to reduce the inefficiency during the operation of the company.First of all,in the analysis of the governance mode of corporate resolutions outside the region,it is found that China can introduce non-litigation remedy to automatically cure defective resolutions and reasonably combine the appeals of minority shareholders in the process of making resolutions,in order to reduce the infringement of minority shareholders’ rights when applying the system of discretionary rejection."The Supreme People’s Court on some issues of applicable <Company Law of the People’s Republic of China >(four)"(hereinafter referred to as "Judicial interpretation of Company Law IV")article 4 in the form of statutory resolution will be revocable company discretion to dismiss system shall be qualified and that as long as the ruling was identified as minor flaws,its resolution will not be affected by directly in terms of effectiveness.However,there are great differences in the interpretation of minor flaws by judges,and there is no clear limit on the requirement that the law has a substantial impact on the resolution,so the phenomenon of different judgments in the same case can be seen everywhere,and the overall trend of abuse of the system still exists.This article through to the system of discretion to dismiss the judicial application of empirical research,the related cases as research samples,through the sample analysis shows that due to the absence of discretion to reject system,made in the process of judicial use of the impact on small and medium shareholders’ rights,there is still a risk of abuse complaints and disregard of procedural justice due to too much emphasis on results and other aspects.Therefore,this paper hopes to give a more accurate definition to reduce the problems in the judicial application process through empirical analysis of the article and combining with the norms of other regions.First of all,in the analysis of the governance mode of foreign company resolutions,it is found that China can introduce non-litigation remedy to automatically cure defective resolutions,and combine the appeals of minority shareholders in the process of making resolutions,in order to reduce the infringement of minority shareholders’ rights when applying the system of discretionary rejection.Secondly,in the process of case analysis of relevant cases,visual observation workings in minor defects in judicial practice,through to the resolution of some typical defects types to analyze,refine the conditions of the minor defects to apply,at the same time,discover the principles that can be followed in the process of identifying minor defects,so as to clarify the conditions for filing lawsuits,to achieve the purpose of reducing the abuse of litigation caused by unknown conditions.Finally,when determining minor defects,it is also very important to judge the scope of material impact.The scope of material impact should be clearly defined and the standards and order for judging minor defects and material impact should be specified,so as to reduce the possibility of improper application and achieve the balance between procedures and entities.