Study On Shareholder's Representative Action

The new company law makes great progress in study on shareholder's representative action which has special functions to protect the minority shareholders. By drawing on the successful experiences abroad, the paper analyses China's legal status in details and raises some views on how to perfect the system of shareholder's representative. To pursue the equity and justice, the people' court should accept such case actively and do their best to safeguard the parties' legitimate rights and interests, as well as provide more practical experience to improve the company law.The text is divided into three chapters. The first chapter explains how the shareholders representative action functions to protect the interests of the minority shareholders. In the second chapter, the writer puts forward her views about the qualifications of the plaintiff on the basis of the related international regulations and discusses the questions including the scope of the accused, the litigation reason and the position Of the company during a procedure in a case. The last chapter focuses on the shareholder's representative action from five aspects such as the pre-litigation procedure, the jurisdiction, reconciliation and withdrawing the claim, Ownership of the outcome of court proceedings.