Revision and evaluation of the corporate litigation system under the latest “Chinese Companies Act”

Since the establishment of the Company Law in 1993, China's Company Law has revised five revisions in 1999, 2004, 2006, 2013, and 2018, but the large-scale revision was in 2006 and 2023. The 2023 revised Chinese company law is a complete revision, including the company capital system and governance structure, but the most noticeable change among them is the active attitude toward the company litigation system. The newly revised company law was more faithful to its role in mediating commercial disputes. In this paper, we looked at the shareholders' right to know, defects in resolutions at the general shareholders' meeting, and amendments to the lower limit of the representative litigation system.Because of the revision of China's company law will be a significant impact on commercial transactions in China, but also on Korean enterprises in China and transactions between South Korea and China, the writing of this article is particularly meaningful.

Publication Details

Journal
Kyung Hee Law Journal
Published
2024-09-30
DOI
https://doi.org/10.15539/khlj.59.3.5
Primary Topic
Educational Reforms and Innovations
Type
article
Field-Weighted Citation Impact
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Revision and evaluation of the corporate litigation system under the latest “Chinese Companies Act”

Kyung Hee Law Journal
Educational Reforms and Innovations
article

Revision and evaluation of the corporate litigation system under the latest “Chinese Companies Act”

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Abstract

Since the establishment of the Company Law in 1993, China's Company Law has revised five revisions in 1999, 2004, 2006, 2013, and 2018, but the large-scale revision was in 2006 and 2023. The 2023 revised Chinese company law is a complete revision, including the company capital system and governance structure, but the most noticeable change among them is the active attitude toward the company litigation system. The newly revised company law was more faithful to its role in mediating commercial disputes. In this paper, we looked at the shareholders' right to know, defects in resolutions at the general shareholders' meeting, and amendments to the lower limit of the representative litigation system.Because of the revision of China's company law will be a significant impact on commercial transactions in China, but also on Korean enterprises in China and transactions between South Korea and China, the writing of this article is particularly meaningful.

Kyung Hee Law JournalVol. 59(3)
Openalex Percentile: Top 75%
Educational Reforms and Innovations
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Revision and evaluation of the corporate litigation system under the latest “Chinese Companies Act” · Kyung Hee Law Journal (2024) | TGRS Research Map | TGRS