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The company's non- proceedings of basic questions

Author: DuYao
Tutor: LiJianWei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Non - proceedings Non - contentious Cases Program functions Scope of application
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 163
Quote: 0
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Abstract


Non-defendants of the program is a relatively uncommon areas for the Company Act in the program legal dual theory, which is corresponding to the proceedings, judicial remedies. Proceedings, compared to non-proceedings to resolve disputes quickly, the judicial discretion of the judge, the pursuit of the purpose appropriateness of the referee and other features. Our company dispute resolution to take up a lot of judicial resources, the introduction of non-proceedings can ease the plight and reduce the cost of rights of minority shareholders, to be able to solve the case of company disputes according to the characteristics of the case itself, taking into account the judicial proceedings fairness and efficiency. In this paper, the feasibility of non-proceedings as the center, make a preliminary discussion of the basic problems of the company's non-proceedings, and the scope of the study to determine the necessity of introducing a non-proceedings, feasibility, and our non- the scope of First Instance of the program. This paper briefly introduces the concepts, characteristics and operation of non-proceedings, based on the results of the comparison of the non-proceedings and the proceedings on the necessity and feasibility of the introduction of the company's non-proceedings. There are inevitable drawbacks of the proceedings in resolving corporate disputes, while non-proceedings to a good response to these issues, it is necessary to introduce the company's non-proceedings. Although the non-proceedings than the proceedings in the procedural safeguards such as there are deficiencies, but if they can properly define the scope of application of non-proceedings, you can decrease the adverse effects brought about by the inherent disadvantage by non-proceedings, so the introduction of The company's non-proceedings of its feasibility. As mentioned above, the scope of application of the delineation of non-proceedings is particularly important. Cases delineating the company's non-applicable to proceedings proceedings proceedings start. As the proceedings are not consistent with the interests of the pursuit of non-proceedings, the proceedings focus on whether the parties to obtain a correct and prudent judgment, instead of First Instance of the program is more interested parties for the purpose appropriateness of the referee needs rapid economic referee Hop. Depending on the focus on the interests of the two procedures, combined with compare the characteristics and needs of the dispute, and is more suitable for what disputes the use of non-proceedings the trial to get a clearer context standards. Accordingly combined with China's company law legislation and the status quo, this article discussed the company disputes the scope of our company's non-applicable to the proceedings, with an emphasis on the shareholders 'right of access disputes, shareholders' meeting convened by disputes over the right, shares the assessment of the shares identified price dispute, dissolution and liquidation of the disputes, the judicial dismissal of the directors of the company disputes. Chapter IV of this article, the author of the reality of the status of legislation and extra-territorial legislation, inspection, a preliminary study of the introduction of the company's non-legislative proceedings mode, and the litigation of First Instance of proceedings non-proceedings staggered applicable to included in the study.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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