Full text of judicial interpretation of company law

Legal subjectivity:

Article 1 of Judicial Interpretation of the Supreme People's Court Company Law. After the implementation of the Company Law, the laws, regulations and judicial interpretations at that time shall apply to civil cases that have not been concluded and newly accepted by the people's courts, and whose civil acts or events occurred before the implementation of the Company Law. Article 2 Where a lawsuit is brought to a people's court for a dispute arising from a civil act or event before the implementation of the Company Law, the relevant provisions of the Company Law may be applied by reference if there are no explicit provisions in the laws, regulations and judicial interpretations at that time. Article 3 If the plaintiff brings a lawsuit to the people's court for the reasons specified in the second paragraph of Article 22 and the second paragraph of Article 74 of the Company Law, and the time limit specified in the Company Law is exceeded, the people's court will not accept it. Article 4 If the continuous shareholding period stipulated in Article 151 of the Company Law exceeds 65,438+0,80 days, it shall be the time when the shareholders bring a lawsuit to the people's court. The stipulated total holding of more than 1% shares of the company refers to the total shares of more than two shareholders. Article 5 The provisions of the Company Law shall not apply to the retrial of cases concluded before the implementation of the Company Law by the people's courts. Article 6 These Provisions shall come into force as of the date of promulgation (February 20 14 17).

Legal objectivity:

Article 277 Whoever obstructs a functionary of a state organ from performing his duties according to law by violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. Whoever obstructs deputies to the National People's Congress and local people's congresses at various levels from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the preceding paragraph. In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph. Whoever intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law without resorting to violence or threats and causing serious consequences shall be punished in accordance with the provisions of the first paragraph. Whoever violently attacks the people's police who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph. Article 242, paragraph 1, whoever, by means of violence or threats, obstructs the functionaries of state organs from rescuing the bought women and children shall be convicted and punished in accordance with the provisions of Article 277 of this Law. [Laws and Regulations] Article 27, paragraph 2 of the National Security Law intentionally obstructs the state security organs from performing the tasks of national security according to law, and does not use violence or threats, thus causing serious consequences, and shall be punished by applying mutatis mutandis the provisions of Article 157 of the Criminal Law; If the circumstances are minor, the state security organ shall detain him for less than fifteen days. Detailed Rules for the Implementation of the National Security Law Article 25 When state security organs perform national security tasks according to law, citizens and organizations have the obligation to provide convenience or other assistance according to law. Refusing to provide or assist, which constitutes a deliberate obstruction of the state security organs to perform state security tasks according to law, shall be punished in accordance with the provisions of the second paragraph of Article 27 of the State Security Law. Red Cross Law Article 2 The China Red Cross Society is a unified Red Cross organization of the people of China and People's Republic of China (PRC), and a social relief organization engaged in humanitarian work. Eleventh China Red Cross Society has the status of a social organization as a legal person; Local Red Cross Societies at all levels and professional Red Cross Societies have obtained the legal person status of social organizations according to law. Fifteenth any organization or individual shall not refuse or obstruct the staff of the Red Cross to perform their duties according to law. In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 157 of the Criminal Law. Whoever obstructs the Red Cross staff from performing their duties according to law without using violence or threats shall be punished in accordance with the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security. [Judicial Interpretation] the Supreme People's Procuratorate's Reply on whether it is possible to use violence or threat to obstruct the staff of state-owned institutions from performing their duties of administrative law enforcement in accordance with laws and administrative regulations, or to obstruct the staff of state organs entrusted to engage in administrative law enforcement activities (2000.4.24 Gao Jian Fa Shi Zi [2000] No.2).