On Utilization Of Interest Balance Philosophy In Companies Litigations

New " Companies Law " , which has added many new ideas and principles and made consummation of the companies litigations system has become an urgent matter in our legislation.The goal of this thesis is to introduce the interest balance philosophy, which is popular in companies substantive law, into the field of companies litigations, and study its feasibility and necessity, discuss how to connect this philosophy with the companies litigations system, analyze establishment and the utilization of related system of companies litigations in our country, hoping to make the current procedural law science world to care more about the interest balance philosophy by providing the proof for introduction of this philosophy.In the first chapter of this thesis, I analyze and summarize the concepts of companies disputes as well as the companies litigations. I conclude the concept of s companies litigations in a narrow sense as:It refers all the procedural activities and the relationships between the court, the litigant and other litigations participation parties, when they are solving the disputes concerning the companies governing in the process of the establishment, exist, alteration and dissolution. After that, I analyze, through the different angles, the forming types in companies litigations.The second chapter is analysis on general discussion of how to introduce the interest balance philosophy, mainly through the describing the basic connotation of interest balance philosophy, as well as the feasibility and the necessity of introduction of the interest balance philosophy in the companies litigations. This part pointed out that the modern companies theory already changed from former idea of"Shareholder Profit Orientation"to"Relevant Stakeholder Interest Orientation". The companies litigations system should, and be able to introduce the companies interest balance philosophy.After finishing the basic discussion on interest balance philosophy and companies litigations, the author, from the abstract to concrete, discuss how to introduce the interest balance philosophy to the companies litigations. this part firstly discusses the basic principles of realization of benefit balanced in the companies litigations. Then discuss the unbalanced interest phenomenon which possibly appear in the revelation companies litigations. Then discuss how to utilize the interest balance philosophy in the relevant stages of companies litigations, e.g. qualification for the proper party, demanded procedure, mediation, conciliatory as well as litigations expense.