股东大会是公司意思决定机关,并且通过意思表示发挥其自身功能。但是,股东大会决议的法律性质是一种特殊的法律行为,并且在实际中可能存在着实质瑕疵或者形式瑕疵,有必要对其进行相应的法律救济,是维护公司利益、保护股东和第三人合法权益的客观要求。我国《公司法》在这方面的规定还非常欠缺,有必要加以改革和完善。 The general meeting of shareholders is a company that decides the meaning of the company and expresses its own function through its own means. However, the legal nature of the resolution of the general meeting of shareholders is a special kind of legal act, and in practice there may be substantive flaws or formal defects. It is necessary to make corresponding legal remedies for it. It is to safeguard the interests of the Company and to protect the shareholders and the third party Objective requirements of legal rights and interests. China’s “Company Law” in this area is still very lacking in provisions, it is necessary to be reform and improvement.