Company's Representative Suit System

Company's Representative Suit refers a form of action which the company in his own name brings an action against the infringe for the interests of corporation and the compensations gained from the suit belongs to the corporation when the interests of corporation are infringed on and the body refuses or fails to invoke the right to suit which should exercise the shareholders,directors,managers,supervisor s or third parties who infringe the interest of the company, but the company have not exercise its rights due to some reason, the party which own the jus representationis can commence a legal action, and the result will be taken by the company itself. The company's representative system looks like a simple adjective law system, but its core is to use adjective law achieve the special protection to the substantive law.The company be looked at a making profit juridical associations which make benefit for its biggest goal. When the company benefit for the violation,Also acts according to the legal representative's related system,company's legal representatives and its the authorized proxy talented person may represent the company, to the person which encroaches uponthe company rights and interests files the lawsuit. Because the shareholder and the company are two different legal bodies,also because in the middle of the reality company's legal representatives usually are the person who delegates control the company. if the rights and interests of thecompany exactly be effected by the company's control shareholders that basis capital most definitely principles.control shareholder often to be able to exert influence even direct decision-making company affair to company. if have person of the formidable relational,this time still persisted by the company which suffers injury takes the plaintiff,not is atvariance with the request company control shareholder to consider oneself,this obviously was invalid thus controls the shareholder and the person which has the formidable relations may soaringly continue the violation company benefit.We can see that when the company legitimate rights and interests receivethe violation,the company represents the lawsuit system is one important judicial relief method,also is to the company in the small company rights and interests protection one important method. But thefledgling firm method stipulation still revealed generally,also somecontents not entirely as desiredmany aspects still waited for the consummation. This article attempts through to represent the lawsuitsystem to the company the history,the legal principle theory of lawbasis,the main body qualifications recognized,the company represent scontent the and so on in lawsuit legal status,drive restrain tmechanism,jurisdiction,execution in the company elaboration and theanalysis,including if his country,the local related stipulat comparison,our country company represents the lawsuit system to construct some questions to propose own some views,as consummate our country correlation legislation take the time to provide the mode possibly meets the actual problem for the judicial practice in to provide some to solve the question basic mentality. To each kind of system design choice is in fact in the protection company rights and interests the company rights and interests with between prevented the company overflows to seeks one kind of balance. Therefore,our country represents the lawsuit legislation in the consummation company in the process also must consider own actual situation makes the stipulation,enables each drive restraint mechanism already to maintain the company benefit and center the small company rights and interests also can prevent the individual company abuses the right of suit the hindrance normal economic order and the company governs. The company represents the lawsuit is the small company benefit angleproposes from the maintenance but actually consummates the import antaspect which the company governs because only has achieved the gial of company governs only then possibly anticipated positively has the of market competition environment and society's harmonious development.