Study On Major Practical Problems And Handling Of The Shareholder Representative's Litigation

It had been going on for quite long period of time on the research and discussion of the shareholder representative's litigation. However, it is still a relatively weak link in Chinese company law system. The prima facie reason is the introduction time of the shareholder representative's litigation system is not very long, the relevant cases on this matter are also not sufficient and many experiences are in the stage of accumulation. The deep reason however lies on the matter of balance of interests in the company law system and such views have not yet been unified formed and stable understood among the company investors, managers as well as the judiciary institutions. This article merely touches on several practicing questions from this system, to study its operation mechanism and discuss a few detailed questions of it. Including study on the ontology legal relations of the shareholder representative's litigation, main participants of the litigation, the limitation of admissibility of the case by the court, the trail principles and the actual enforcement issue after conclusion of the case. This article also examines the issue of responsibility undertaking in this kind of litigation for the further discussion on its internal value level. In brief, I hope this article can provide some reference for the practical operation, then carries on a modest role in promotion for consummation of the related legislation.