Mention Right Of The Representative Action And Other Concrete Systems

The right of mentioning the representative action is an important right of the minoritystock holder. Because of this right, the minority stockholder can oppose the bigshareholder to a certain extent, and carry on the essential supervision to the managementteams. But improper representative lawsuit system will become the interfering greatly ofcompany's normal business activities, encroach on company. So acknowledgingrepresentative lawsuit right of mentioning of minority stockholder, law has stipulatedmore the restriction on the right. About 26,000 words of this text, besides introduction and conclusion, the article haseight parts: One, introduction: Introduce concept of representative lawsuit, characteristic, this is avalue function page which represents the lawsuit. It represents the adverse effect that thelawsuit may bring to, point out that the system design is to influence balance inrepresenting two respects of lawsuit. Two, who is the plaintiff of the lawsuit: Introduce the regulation about representinglawsuit plaintiff on other countries and regions, and compare them, pointing out thatDisclosure Test is the most rational regulation. Three, important document which the plaintiff sues: Because limited company isdifferent from Limited Company, the shareholders of two companies have differentrequests to litigate, the shareholder of limited company, only needs to respond to therequest that Disclosure test. The shareholder of the Limited Company is on the basis ofmeeting open theory request, may go through the examination of committee .Theguarantee can be avoided. Four, the range of the defendant: Who is the defendant should be stipulated relativelywidely. The target that the company has the right to litigate, can become the defendant. Five, conciliate and recall the lawsuit: In this contentious procedure, the agreementmust be censored by court and other shareholders and Company. Six, the result of lawsuit: It is a principle that the lawsuit result belongs to thecompany. Asking the proportional compensate is the supplement to above-mentionedprinciples. It is the right of the plaintiff. Compensation should be given while winning alawsuit. Under the specified conditions, the hostile plaintiff should bear responsibility. Seven, other odd questions of lawsuit: Other shareholders and companies have theright to participate in the lawsuit. The proper changes and claims of increasing can berepresented by plaintiff. But the defendant can't bring a counter- action. Under the specificsituation, other shareholders and companies have the right to put forward the appeal andreview . Eight, conclusion: Summarize the article briefly.