Investigate On System Of China Shareholder Representative Litigation

Shareholder litigation and protection as the protection of company interests of all shareholders an important judicial remedies, many countries in the world to attention.Many countries are in their domestic substantive law establishes the rights of shareholders to exercise this right of action relief, while the procedures specified in the corresponding system to create a shareholder lawsuit. Such as the United Kingdom, the United States, Australia, Japan and Taiwan and other countries and regions have in their commercial or company law which made a clear and detailed provisions, only the name used by the system in different, generally speaking, common law Department of State called for the shareholder derivative litigation, and civil law countries viewed it as the representative litigation. The shareholder lawsuit system in China started late in 2006, began implementation of the new "company law" made the preliminary provisions of Article 150 of the Companies Act and Article 152 of the lawsuit on behalf of the shareholders of the shareholders entitled to prosecute, prosecution reasons and procedures for the pre-litigation provides for the principle that there are many missing its substance, leading to many practical applications, inadequate. Shareholder Litigation on the theory of research and experience of other countries in shareholder litigation suit system requirements and then analyze the status of Shareholder Litigation and the lack of a complete set of views, to protect minority interests, and improve corporate governance.The article first by integrating theory with practice, literature review of research methods, introduced the establishment of shareholder litigation on behalf of its theoretical basis, the system with some basic understanding and knowledge.Next, a comparative study using the method, to shareholders and shareholder litigation on behalf of Direct Action to compare the system described in detail shareholder lawsuit features.In the paper on behalf of our shareholders, the existing litigation system deficiencies, it is also comparative study of the legal system of representatives of other countries, learn from a rational point. In this paper, using a variety of research methods, it is also the use of the deduction, analysis, and other expressions to describe the Shareholder Litigation.Finally, the paper action lawsuit system in China and insufficient analysis of the status of a comprehensive proposal put forward, including requiring the plaintiff shareholder entitled to define the company's position in litigation, improve the legal front the cost of litigation procedures and improve security system.