The company disputes litigation case (where the provisions of the civil case)
Created:
/Author:
Aaron Lewis
The following excerpt from "the provisions of civil cases", have great significance in directing the company disputes.
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Twenty-two, and the company disputes 241, recognized in equity dispute 242, the register of shareholders change dispute 243, shareholder disputes 244, the articles of association of the company or the articles of association to revoke the dispute 245, the company earnings distribution disputes 246, shareholder's right to dispute 247, the acquisition of shares rights disputes 248, the transfer of equity dispute 249, shareholders or the general meeting of shareholders, board of directors resolution effectiveness disputes (1) shareholders or the general meeting of shareholders, board of directors confirmation disputes (2) shareholders or the general meeting of shareholders, the board of directors to cancel the resolution of disputes 250, the sponsors liability disputes 251, shareholders abuse the rights of shareholders compensation dispute 252, the compensation dispute shareholders abuse the independent legal person status of the company and the limited liability of shareholders 253, the board of directors, senior management personnel to damage the interests of shareholders compensation dispute 254, the company's controlling shareholder, actual controller, director, supervisor, senior management personnel to damage the interests of the company compensation dispute 255, the members of the liquidation group liability disputes 256, company disputes 257, to split the company disputes 258, reduction of company capital disputes 259, company investment disputes 260, the dissolution of the company disputes 261, the company liquidation disputes 262, the acquisition of listing Corporation dispute
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Attached: the provisions of civil cases [unit] released the Supreme People's court [release] (2008) number of Law No. 11 [date] 2008-02-04 [date] 2008-04-01 [date] - [category] policy reference [source] the Supreme People's court
The provisions of the civil cases (method 2008) (No. 11)
The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, PLA military court, the production and Construction Corps Branch of the higher people's Court of the Xinjiang Uygur Autonomous Region: "Regulations" in civil cases by the Supreme People's Court on October 29, 2007 the 1438th meeting of the judicial committee discussed and approved, shall go into effect as of April 1, 2008, "The provisions of the civil cases (for Trial Implementation)"(Law 2000) (No. 26) shall be repealed simultaneously.The civil case case "provisions" issued to you, please carry out seriously implement. The provisions of the civil cases in our hospital "(for Trial Implementation)" since the trial since January 1, 2001, in civil litigation for convenience in the people's court, civil case filing, trial and the judicial statistics work, play an important role in.In recent years, with a new batch of civil law, there are many new types of civil cases in judicial practice, the need for civil cause of action refinement, supplement and perfect.Especially after the implementation of the law of real right, the urgent need for "the provisions of the civil cases (for Trial Implementation)" revision, supplement property dispute case case.According to the seventh national civil trial work meeting the requirements, the Supreme People's Court on the "civil cases of the regulations (Trial)" was revised, formed "the provisions of the civil case".The people's courts at all levels for issues related to the "Regulations" in civil cases are notified as follows: One, should conscientiously learn the causes of civil cases "provisions", attaches great importance to the important role of civil case in the civil trial The causes of civil cases is the name of civil cases, reflect the nature of cases involving civil legal relationship, the people's court for legal relationship is the generalization of the dispute.Establishing a scientific, perfect the system of civil case, is conducive to the parties to choose exactly the appeal by, is conducive to the people's court in the trial of civil cases and accurately determine the litigation issues and correct application of law, is helpful to improve the accuracy and scientific of the judicial statistics of civil case, is to classify the management of the case, in order to better as the trial standardization service, provide valuable reference for the judicial decision of a people's court. Two, to determine the standard unification of civil cases by the The causes of civil cases shall be based on the nature of civil legal relationship that the parties to determine the.In view of the specific cases in litigation request, the focus of controversy may have more than one, the target of the dispute may be more than two, to ensure the highly generalization and concise, civil case case formulation principle identified as "nature" and "legal relationship disputes", generally no longer contains the focus of controversy the subject matter, the way of tort, factors such as.In addition, taking into account the nature of civil legal relationship of the parties of the dispute is complicated, in order to more accurately reflect the civil legal relationship of litigation and the convenience of the judicial statistics, "the provisions of civil cases" adhere to the legal relationship nature as the standard setting at the same time, on the basis of a few also claim, right of formation or action of confirmation, action of formation criteria are determined. The provisions of civil special procedure of special civil case case, according to the claim of the parties directly address. Three, some problems about the system of compiling civil case case 1, "the provisions of civil cases" in the civil law theory of civil legal relationship classification as the basis, combined with the current legislation and judicial practice, will be divided into the arrangement system for the application of the right of personality, marriage and family inheritance, real right, creditor's rights, labor disputes and personnel disputes, intellectual property, maritime, and railway transport related civil disputes and company, securities, bills and other civil disputes, related cases of special program consists of ten parts, as the first level of the.In order to maintain the system of relatively complete, and consider the norms of civil trial work, for some cases of merge and split.Such as intellectual property dispute, both related to the contract dispute case of intellectual property, including intellectual property ownership and infringement disputes.In the first level of the item, is divided into thirty cases, as the second level of the (with a capital a digital representation); the second level of the item for the 360, as the third level of the (taking Arabia digital representation), the third level of the practice is the most common and widely used by the.Need to guide the work of investigation and judicial trial, based on statistics, in the part of the third level of the item of the part of the fourth level of the (Arabia) said (Figure). 2, about the infringement dispute case of the arrangement."Regulations" will not cause of action of civil case infringement separately for the first level of the, but separately.First, the general civil tort cases, depending on the type of civil rights, stipulate in the personality right, real right, intellectual property rights. The first level of the item, according to the need to be classified as level second or third level of, or hidden under the third level of the.Second, for the infringement and infringement of personal rights and property rights, infringement disputes as well as special tort rules, are individually listed in the creditor's rights dispute case of the item, as the second level of the level of some third, listed below. 3, about the application of property dispute case and contract dispute case problems."Regulations" in accordance with the civil case right change reasons and results of the principle of distinction between the cause relation, due to the change of real right, which produce the contract creditor's rights nature of the dispute, shall apply to claims and disputes of the guaranty contract, such as the real reason of establishment relations disputes, respect property transfer cause relationship contract disputes.Due to the property establishment, ownership, validity, use, income property disputes, property disputes should apply some case, such as the security of property rights disputes.In this regard, the people's court shall according to the nature of legal relationship of the parties of the dispute, find out the legal relationship is the relationship between the change of real right or real right change causes the results, to correctly determine the. 4, on the third part of "protection of property disputes" and "ownership dispute", "usufructuary right dispute", "guarantee property disputes"
coordination problem.The provisions of the real right law third chapter of "property rights" of the claim of real right or creditor's rights protection method in each type of property rights provisions, "provisions of" the civil cases (third cases) under might be partly or wholly applicable, most can be used as the provisions of the fourth cases, but in order to avoid the long and complex case system in the third case, not one one lists, where applicable, in accordance with the protection of the rights of ownership types, respectively apply, usufruct, security interest under the third level of the.If a dispute involving property of more than two kinds of property ownership, usufructuary rights and security, or in the other part of the property disputes can not find a suitable third level of the time, you can apply "the protection of specific property disputes under the item of". Several problems should be paid attention to for four, "the provisions of civil cases" 1, the court of first instance case should be based on the nature of the legal relationship between the parties to the dispute, shall apply the provisions of the "" list of fourth level of civil cases, the fourth level of the absence of such provisions, is applicable to the third level of the provisions of third cases; no, may directly apply to the second level of the or the first level of the.Local people's courts at all levels to can be used as a new level third civil cause of action or should be defined as the fourth civil case dispute type trial, timely report to the Supreme People's court.The Supreme People's court shall regularly collect, collate, screening, timely thinning, to supplement the relevant case. Legal relationships involved more than two 2, an action, which belongs to the master-slave relationship, the people's court shall determine the legal relationship to the main parties to court, but only from the legal relationship, the legal relationship from confirming; does not belong to master-slave relationship, determines the legal relationship of the parties in dispute, all the dispute legal relationship, two or more legal relationship is determined according to the dispute case by two parallel. 3, in the right circumstances, the people's court shall, in accordance with the request of party autonomy to choose to exercise, according to the nature of legal relationship of the parties to the dispute, determine the cause. 4, the increase or change the claim cause legal relationship litigant litigation to change in the course of the proceedings, the people's court shall change the corresponding case. What is the situation and problems in the application of the provisions of "civil cases" process, it shall timely report to the Supreme People's court. Supreme People's court Two hundred eight years in February 4th
218, the railway transportation extended service contract dispute
219, railway construction, management and transportation contract disputes
220, the outsourcing service contract dispute
221, damage compensation dispute Railway
222, the railway transportation compensation dispute personal, property damage
223, the railway telecommunication service contract dispute
224, railway locomotive, vehicle construction contract disputes
The ninth part with the company, securities, bills relating to civil disputes
Twenty-one, enterprise related disputes
225, the enterprise investor equity dispute
226, violation of human rights enterprise investment disputes
227, the Enterprise Inc system renovation contract disputes
228, enterprise shareholding cooperative transformation of contract disputes
229, enterprise debt to equity dispute
230, enterprise division dispute
231, corporate leasing contract disputes
232, enterprise sale contract dispute
233, the affiliated business contract disputes
234, the enterprise annexation disputes
235, the joint venture contract disputes
236, Sino foreign joint venture enterprise contract disputes
237, Chinese foreign joint venture enterprise contract management contract dispute
238, Sino foreign cooperative enterprise contract disputes
239, Sino foreign cooperative enterprise contract management contract dispute
240, a wholly foreign owned enterprise contract management contract dispute
Twenty-two, and the company disputes
241, recognized in equity dispute
242, the register of shareholders change dispute
243, shareholder disputes
244, the articles of association of the company or the articles of association to revoke the dispute
245, the company earnings distribution disputes
246, shareholder's right to dispute
247, the acquisition of shares rights disputes
248, the transfer of equity dispute
249, shareholders or the general meeting of shareholders, board of directors resolution effectiveness disputes
(1) shareholders or the general meeting of shareholders, board of directors confirmation disputes
(2) shareholders or the general meeting of shareholders, the board of directors to cancel the resolution of disputes
250, the sponsors liability disputes
251, shareholders abuse the rights of shareholders compensation dispute
252, the compensation dispute shareholders abuse the independent legal person status of the company and the limited liability of shareholders
253, the board of directors, senior management personnel to damage the interests of shareholders compensation dispute
254, the company's controlling shareholder, actual controller, director, supervisor, senior management personnel to damage the interests of the company compensation dispute
255, the members of the liquidation group liability disputes
256, company disputes
257, to split the company disputes
258, reduction of company capital disputes
259, company investment disputes
260, the dissolution of the company disputes
261, the company liquidation disputes
262, the acquisition of listing Corporation dispute
Twenty-three, related to the partnership disputes
263, ordinary partnership disputes
264, special general partnership disputes
265, the limited partnership disputes
Twenty-four, and bankruptcy related disputes
266, filed for bankruptcy liquidation
267, filed for bankruptcy reorganization
268, filed for bankruptcy reconciliation
269, the rights and interests of workers inventory corrections disputes
270, bankrupt creditor's rights confirmation disputes
271, recall right disputes
272, set off rights disputes
273, the exemption right disputes
274, bankruptcy revocation rights disputes
Twenty-five, securities disputes
275, the securities transaction contract disputes
(1) the stock transaction disputes
(2) transaction disputes of company bonds
(3) the bond transaction disputes
(4) securities derivatives transactions and disputes
(5) securities investment fund transactions and disputes
276, securities underwriting contract disputes
(1) securities consignment contract disputes
(2) underwriting contract disputes
277, securities investment consulting dispute
278, the securities rating service contract dispute
279, securities repurchase contract disputes
280, securities listing contract disputes
281, securities trading agency contract dispute
282, securities listed on the sponsor contract disputes
283, the issuance of securities disputes
(1) for securities disputes
(2) securities issuance fails dispute
284, the return of securities disputes
Compensation disputes, securities fraud 285
(1) compensation disputes of Securities Insider Trading
(2) the manipulation of the securities trading market compensation dispute
(3) the false statement of securities compensation dispute
(4) the compensation dispute fraudulent customers
286, securities custody disputes
287, securities registration, custody, settlement of disputes
288, the financing securities loan transaction disputes
289, the client transaction settlement funds dispute
Twenty-six, the futures trading disputes
290, the futures brokerage contract disputes
291, futures overdraft trading disputes
292, the futures position closingclosing positions dispute
293, futures delivery disputes
294, the futures contract disputes
295, futures trading agency contract dispute
296, seize the bond futures disputes
Compensation disputes, futures fraud 297
298, manipulation of futures trading market compensation dispute
299, the insider trading of securities and Futures Compensation Dispute
300, the futures of false information compensation dispute
Twenty-seven, trust dispute
301, civil trust dispute
302, the business trust dispute
303, public welfare trust dispute
Twenty-eight, a bill dispute
304, the right to claim for payment disputes
305, right of recourse disputes
306, the right to request delivery disputes
307, the right to request the return of the dispute
308, the damage compensation dispute
309, the interests of the right to request the return of the dispute
310, draft the receipt issued claim dispute
The 311, bill guarantee disputes
312, confirm the bill is invalid dispute
313, the negotiable instruments agency disputes
314, the repo disputes
Twenty-nine, letter of credit disputes
315, commissioned by the opening of letters of credit disputes
316, letter of credit disputes
317, letter of credit negotiation disputes
318, the fraud of letter of credit disputes
319, the credit financing disputes
320, the credit transfer dispute
The tenth part special procedure for case case
Thirty, special procedure for case case
321, the application to determine the qualifications of voters
322, for a declaration of a citizen's incapacity
323, apply for the declaration of a limited capacity for civil conduct
324, for a declaration that the citizens to restore limited capacity for civil conduct
325, for a declaration that the citizens to restore full capacity for civil conduct
326, the application of guardian determined
327, apply for revocation of the qualification of Guardian
328, apply for the declaration of a person as missing
329, apply for revocation of the declaration of disappearance
330, the application specifies, change for the missing property escrow
331, missing person debt payment disputes
332, apply for declaration of death of a citizen
333, apply for revocation of the declaration of a death
334, death declaration revoked, people request the return of property disputes
335, apply for the accreditation of unclaimed property
336, apply for revocation of ascertaining property without an owner
337, for an order of payment
338, apply for public summons
339, apply for appeal before the cessation of infringement
(1) to stop the infringement of a patent application for pre-trial
(2) application for pre-trial stop trademark infringement
(3) to stop the infringement of copyright application for pre-trial
340, apply for property preservation before litigation
341, apply for evidence preservation before litigation
342, apply for confirmation of the validity of the arbitration agreement
Property preservation, the arbitration procedure in 343
344, apply for revocation of an arbitral award
345, apply for the suspension of payment under the letter of credit payment
346, apply for preservation of a maritime claim
(1) applies for arrest of a ship
(2) for the auction of the ship
(3) for the arrest of the goods on board
(4) for the auction of the arrest of the goods on board
(5) apply to arrest the fuel and materials used for marine ship
(6) for the auction of seized material fuel and marine ship
347, an application for maritime order of payment
348, applying for a maritime injunction
349, applying for maritime evidence preservation
350, the application for the establishment of the limitation fund for maritime claims
351, the application of maritime liens
352, an application for maritime claim confirming
353, an application for maritime claims registration and repayment
354, apply for recognition and enforcement of foreign court judgments in civil
355, apply for recognition and enforcement of Foreign Arbitral Awards
356, apply for recognition and enforcement of judgments in civil court of the Hongkong Special Administrative Region
357, apply for recognition and enforcement of arbitration awards in Hongkong Special Administrative Region
358, apply for recognition and enforcement of judgments in civil court of the Macao Special Administrative Region
359, apply for recognition and enforcement of arbitration awards in Macao Special Administrative Region
360, Taiwan District Court for recognition and enforcement of civil judgment
361, apply for recognition and enforcement of arbitral awards in Taiwan area