Judiciary Relief For Minor Shareholder Of Stock Corp.

Compare with the history of foreign stock market development, the Chinese securities business only used more than ten years from nothing to established. The achievement is obviously. But, the Chinese securities business is not perfect yet, as you know, the falsification of listed corp. is everywhere, varied malignant case of cheating minor shareholders take place in securities business frequently. At present, the statute of corp. and securities business are not consummate enough indeed, especially without the representable shareholder litigation system, make the legal profits of minor shareholders can not be protect effectually. How to solve these problems becomes the main subject of jurisconsult. The equilibrium of the rights and duty is the core of the problem. In this instance that the Chinese securities business are not ferfect enough, the article try to discuss how to support the profits of minor shareholders with the constitute of representable shareholder litigation system. In the article, i am going to analyse the range and the character of shareholder, point out the disadvantage of current law and statute, explain the representable shareholder litigation system. Whatever, wish my works can helpful for the modification of the legislation. This paper consists of five chapters: In the first part, we will talk about what is the minor shareholders and try to analyse the meaning, kind, contents and range of the minor shareholder. In the second part, base the view of jurisprudence, we will talk about the infringement minor shareholder suffered, the juristical gist and the realistic meaning of the protection for minor shareholder. In the third part we will expatiate on the status quo of the losing of minor shareholder and find out the reason of losing protection. The fourth part is the core part of the article, including what is the representable shareholder litigation system, the possibility of the system introduced and how to establish the system in our country. Another core part is the fifth part, base on the foregoing 4 parts, i should explain my suggestion on legislation, including how to use the production and experience of Hongkong, Taiwan and. Foreign legislation.