论文部分内容阅读
〔新闻背景〕这是一起背景复杂的纠纷,谁是合法有效的董事长,涉及刑事、民事和行政法律关系,以及众多企业职工的意愿。事件发生在河南许昌中亚造纸设备有限公司,董事长伽铁根因职务犯罪被逮捕入狱后,主持工作的董事、副总经理郭占云主持召开董事会,罢免了其董事长职务,选举郭占云为董事长,并到工商管理部门进行了法定代表人变更登记。伽铁根被免予刑事处罚出狱后,以董事会罢免其董事长无效为由,向人民法院提起诉讼。法院经开庭审理,确认罢免其董事长的董事会无效。终审判决下达后,伽铁根到工商管理部门重新办理了变更登记,并刻制了新的行政和财务专用章,却仍被阻止在公司大门外,双方于2003年1月23日发生了一触即发的激烈冲突。时至今日,董事长之争仍针尖对麦芒地继续上演着。
[Background] This is a complex dispute with the background, who is the legitimate and effective chairman of the board, involving criminal, civil and administrative legal relations, as well as the wishes of many business workers. After the incident occurred in Henan Xuchang Central Asia Papermaking Equipment Co., Ltd., Chairman Gadgetzan was arrested and jailed for job-related crimes. The director and deputy general manager Guo Zhanyun chaired the board of directors, dismissed his chairman and elected Guo Zhanyun as a director Long, and to the business administration department changed the legal representative registration. Galgan was exempted from criminal penalties after being released from prison, with the board of directors removed the invalid chairman, filed a lawsuit to the people’s court. The court hearing, confirmed that the removal of the board of directors of the board is invalid. After the final judgment was issued, Gadgetzan went to the business administration department to re-register the change and engraved a new administrative and financial seal. However, it was still blocked outside the gate of the company and the two parties were triggered on January 23, 2003 The intense conflict. Today, the dispute between the chairman of the board is still sharp on the wheat field staged.