A Study On The Plaintiff Of Shareholder's Representative Suit

Before the revision of company law, a growing number of cases reflect the difficult issue of safeguarding the plaintiff's rights in practice. However, when the courts deal with such cases, they often entered a status of disorder, which will bring us a judicial obstacle to reunite the rules of law in our society. Although in the company law legislation of China, shareholders deputy litigation system is established, but rather provided. It is not feasible for practical use, and it becomes hard for the plaintiff shareholders to exercise their rights. So, the hot issue of this paper is whether new company law could resolve the judicial disorder and the puzzles from the plaintiffs or not. Starting from several cases, this paper attempts to study the representation of the source of the plaintiff, qualifications, rights and obligations of questions both from theoretical and practical aspects. Through the method of comparison and analysis , it introduced and compares the system of shareholder representative action of the British and American legal system and the mainland legal system. In comparison, from the United States, Japan and Taiwan of China and other countries on the basis of the legal system and in light of the reality in China, I believe we should relax the restrictions on the eligibility of the plaintiff; the proceeding process before the suit; restrictions on the private reconciliation and so on. Meanwhile, in order to encourage the plaintiff filed on behalf of shareholders litigation, and to protect the interests of small shareholders and the company much better, this paper proposes a related incentives, such as charge by the non-property cases; give the plaintiff the right to request compensation for legal costs and direct compensation ;reversal of the burden of proof; successful implementation of lawyers charging system; the plaintiff is not liable for the defendant and the company while non-malicious, etc.