1. What is the process of equity dispute litigation?
1, the plaintiff sued
2. The court will serve a copy of the indictment on the defendant after accepting it.
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial.
4. The court shall notify the parties and announce the cases decided to be heard in court three days ago.
5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record.
6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other.
At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
8. Announcement of judgment
Second, is it useful to litigate equity disputes?
Equity disputes refer to the rights disputes of company shareholders, mainly including: shareholder's contribution disputes, equity confirmation disputes, equity transfer disputes, shareholder's rights disputes and corporate governance disputes.
The corporate governance structure of a company is a unique operating mechanism of modern enterprises. That is, in the case of separation of ownership and management (control). To ensure that the whole management organization of the company can realize the long-term strategic goals and plans of the enterprise step by step. And a set of organizational system arrangements between different stakeholders (shareholders, creditors, managers, employees, etc.). ).
Equity dispute is also a kind of civil dispute. According to the provisions of China's Civil Code, since it is a civil dispute, the solution is as follows:
(1) reconciliation. That is, the parties themselves negotiate to solve it. The parties are the main body of civil disputes and have complete right to dispose of the disputes.
(2) mediation. China's current mediation system mainly refers to the mediation of disputes between civil subjects by people's mediation committees, which is called "oriental experience" by westerners. In addition, there is mediation between organs, enterprises, institutions and citizens.
(3) arbitration. The so-called arbitration refers to the method of trying civil disputes in the center according to law under the auspices of the arbitration tribunal and with the participation of both parties to civil disputes, and making certain legal documents to calm down contradictions.
(5) litigation. Litigation is what most people call "litigation".
legal provision
Article 147 of the Civil Code of People's Republic of China (PRC)
Based on serious misunderstanding, the actor has the right to request the people's court or arbitration institution to cancel the civil juristic act.
Article 148 of the Civil Code of People's Republic of China (PRC)
If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it.
In fact, the closing time of equity dispute litigation should be analyzed according to the difficulty of equity dispute cases. The ownership of equity must be based on the rules and regulations of shareholders and companies registered by the Industrial and Commercial Bureau. Before going to court, you can consult a lawyer about the equity dispute. At this time, we need to pay attention to protecting our civil rights and equity in time.