中韩公司诉讼法律制度比较

Abstract

In recent years, with the reform of corporate law around the world, mainly calling for reducing control and enforcing corporate self-governing, it presents the trend of a conversion from formerly prior regulations to subsequent regulations. So the judicial litigation mechanism comes to show its importance. No matter whether corporate legislation or corporate practice is concerned, the function of corporate action is more and more emphasized. On the basis of provisions on corporate actionin corporate laws of both China and Korea, this paper is to review and compare the categories and features concerning corporate action of both in full scale, and concentrate on discussing and comparing the actions of shareholder meeting’s defective resolutions, so as to find out the features and deficiencies in the legal systems of both countries, thus attempting to supply helpful experience on how to improve the legal system of corporate action in China. Apparently, relevant provisions in corporate law of Korea are more developed, which reflects Korean legislators’ attention to judicial remedies for corporate disputes. Comparatively, though the availability of litigation is increased under amendments of corporate law in 2005, relevant provisions in the corporate law of China is still obviously insufficient, which greatly requires improvements through judicial interpretations or other methods to meet the needs of judicial practice. The establishment and judicial experience of corporate action system of Korea are undoubtedly more advanced than that of China. While both the legal system and methods of interpretations are very similar between Korea and China, legislative experience and cases in Korea is deemed to be of high significance to China as references.