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Empirical Study on the Litigations Toward Companie Decisions

Author: HeXin
Tutor: WangJun
School: China University of Political Science
Course: Legal
Keywords: Shareholders' meeting The Board has resolved Invalid case Revocation case Formal review Substantive review
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 101
Quote: 0
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Abstract


Company disputes resolution of shareholders of joint stock limited company or limited liability company (large ) or the Board resolution is in violation of laws, administrative regulations or the Articles of Association of the Company disputes . Of the 19 provinces, municipalities directly under the Central Government 's grassroots the decision statistic After the the Intermediate High Court 143 shareholders or board resolution disputes , I found : the limited liability company is more likely to occur than the AG Corporate Resolution dispute ; corporate dispute resolution , the shareholders will resolutions of disputes accounted for more than 76% ; request to declare the shareholders' meeting is invalid the company resolutions of disputes litigation , the plaintiff most frequently sued request . Although our courts in most cases tend to only do a formal review that type of case , caution involved in corporate governance . However , I found that a substantive review of the trial of the company 's resolution of disputes are not uncommon . In addition, I found that the courts often interpret the law bars companies involved in the resolution . Therefore, if we are able to fully implement case guidance system , the company 's resolution of disputes trial standards may be consistent , thereby increasing the level of our court resolution of the company disputes . The first part of the article discusses the conflict between corporate autonomy and judicial intervention ; second part is related to the legal framework of the shareholders' meeting or board resolution clarifying ; The third part is the statistical data and the main findings of the case ; fourth part is to be divided summed up the attitude and the tendency of our courts corporate dispute resolution ; fifth part is how to interpret the trial court with Section 22 of combing and analysis ; 's the last part of the article summarized the full text , the author proposes this type of trial of cases the problems , and on how to better play to their own view of the judicial role of corporate governance .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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