Chinese translation for "grounds of action"
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- 诉讼原因, 诉讼理由
Related Translations:
- Example Sentences:
| 1. | After we have a superficial realization through comparatively studying legislation example of different countries and zones , this thesis begin to probe into me rule ' s principal and theory basis . stability of the decisions and respect the procedure are two principals that must be followed defending stability of the decisions is beneficial to defend stability of law relations that are caused by decision of shareholders , defend the deal safe , promote the efficiency of the companies . respecting the procedure is beneficial to present the value of the procedure , guarantee the rights and interests of shareholders from the procedure . theory basis of deciding grounds of action and dividing the kinds of action make up theory basis of the rule of rescuing laws on decision of shareholders . the final define of grounds of action that breaking the law and the constitution of company is decided by the nature of company law and the nature of constitution of company . on the nature of company law , there are some disputes , include forced law opinion , willfully law opinion and synthetic opinion considering present company law , i think the synthetic opinion is right the nature of constitution of company has two features : self - rule and ruled by law . in general , constitution of company is a kind of self - rule law that partly ruled by law
此外，本文还讨论了确认决议不存在之诉与不当决议取消、变更之诉的存在价值，综合考虑后，决定保留确认决议不存在之诉，废除不当决议取消、变更之诉这一弊大于利的诉讼类别。除了总体探寻股东会决议瑕疵救济制度的理论依据外，考虑到召集制度和决议方法在股东会决议制度上的重要性和二者具体内容的繁杂，本文还重点分析了召集制度上的瑕疵和决议方法上的瑕疵两大诉由。另外，本文创设了“决议显著不公正”这一新诉由以防止多数决的滥用，多数决的滥用多年来一直是股东会决议中的一大顽症，但各国公司法却一直对其缺乏明确的规制，笔者希冀以多数决的滥用造成决议显著不公正这一现象作为诉由，并提出具有可操作性的标准，由法官裁量判断是否构成多数决的滥用，以期弥补股东会表决制度上资本多数决原则的不足。 | | 2. | As a worldly rule , the rule of rescuing flaws on decision of shareholders have developed fully , and present different features in legislation of different countries and zones . comparative study on this rule of countries and zones will take us benefical inspire . this thesis mainly comparative study kinds and grounds of action in the rule of rescuing flaws on decision of shareholders , and analyse and sum up three forms on how to divide the kinds of action and grounds of action in different kinds of action , include action on invalid decision , action on canceling decision , action on confirming the decision not exist and action on canceling and changing unqualitified decision , furthermore , clarify that the grounds of action of rescuing flaws on decision of shareholders is mainly that breaking the law and company constitution in the process and content of decisions of shareholders
本文主要针对股东大会决议瑕疵救济中的诉讼类别和诉讼事由的立法例进行了比较，并分析总结出了三种诉讼类别划分形态和各诉讼类别即无效之诉、撤销之诉、确认决议不存在之诉和不当决议取消、变更之诉的诉讼事由，且进一步指出了股东大会决议瑕疵救济诉讼的诉讼事由主要为决议过程或决议内容违反章程或违反法律。在比较分析各国和地区立法例从而对该项制度有了一个粗浅的认识后，本文开始探寻该项制度的建立原则和理论依据。股东大会决议的安定性和对程序的尊重是建立股东大会决议瑕疵救济制度必须遵循的两大原则。 | | 3. | After defining the nature of company law and company constitution , we have no difficult to decide : it is possible that breaking the company law and company constitution will produce flaw decision of flaws . after considering synthetically two pairs of basic point : break the law and break the company constitution , break the entity rule and break the procedure rule , we decide divided standard of kind of action : as to all grounds of action , we classify breaking the law and breaking company constitution ; as to law , we classify breaking entity rule and procedure rule . all grounds of action that include breaking company law and breaking procedure rule of the law are brought into action on canceling decision , and as to grounds of action that the content of decision break the law , we bring them into action on invalid decision . besides , this thesis talks about the value of action on confirming the decision not exist and action on canceling a
最后，针对我国目前立法中此项制度的缺失，比较借鉴各国和地区的立法例，建构了我国的股东大会决议瑕疵救济制度:确立了无效之诉、撤销之诉和确认决议不存在之诉三类诉讼体制，并且设定对股东会决议中的轻微违法由法官裁量决定是否影响决议的效力，对不影响决议效力的轻微违法移交行政机关处理。此外，还对股东会决议瑕疵救济的法律后果、该项制度的立法方式、诉讼的当事人、损害赔偿问题、诉之合并及撤销之诉的除斥期间等一一提出了自己的立法建议。 |
- Similar Words：
- "grounds" Chinese translation, "grounds and lags" Chinese translation, "grounds for challenge of an arbitrator" Chinese translation, "grounds for divorce" Chinese translation, "grounds for recovery of possession" Chinese translation, "grounds of appeal" Chinese translation, "grounds of argument" Chinese translation, "grounds of decision" Chinese translation, "grounds of judgment" Chinese translation, "grounds of opposition" Chinese translation
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