Studies On The Special Procedure Of Civil Litigation

The shareholder litigation system is one of the civil litigation system, The remedy of shareholder right is a fundamental function of shareholder litigation system. In addition, the shareholder litigation system has some other functions of corporate governance, supervising directors' power, adjusting corporation management.The first chapter is about civil special procedure. In the first section, the author discusses a few of basic knowledge and theory of special procedure. the case that the court try through special procedure is called special procedure's civil case. The court must conform to the demands for one-litigant present, no opening trying, indirect trying, etc.The second chapter is about the basic theory of shareholder litigation. The chapter that there are three categories of shareholder litigation in the company law, and they are shareholder direct action, shareholder derizvative action and shareholder litigation through special procedure. In the view of the author, the shareholder's right of action is a precondition of shareholder's submitting a suit to court. So, the author probes into some theoretical questions which involve in the shareholder's right of action, and that includes the intension of shareholder's right of action, the theory of right of action, etc. In the end, the dissertation points out that shareholder's right of action isn't the inherent content of shareholder right, and these two kinds of right aren't at the same levels. It is important to realize the difference between shareholder right and shareholder's right of action, whether theoretical significance or practical significance.The third chapter shareholder litigation through special procedure. In the commercial field, all special procedure suits are connected with company affairs, those of which are submitted to court by shareholders are called special procedure's shareholder litigation. Then, this dissertation introduces some special procedure's shareholder cases that are ordinary in the company law. Mainly they are the case of director's judicial appointing and relieving, the case of court's evaluating stock price, the case of judicial calling shareholder meeting and the case of remedy of shareholder's information right.