| The shareholder is derived legal action being a handful double-edged sword , is abused to achieve illegal purpose also easily by individual shareholder while being beneficial to protect the young shareholder. Must design out the system preventing the person from being abused therefore, preposition procedure is one of which. Preposition procedure is able to cut down unnecessary legal action , also be able to urge a company to institute legal proceedings , at the same time also beneficial to avoiding appealing excessively. As far as our country company legal system be concerned, the shareholder derives the legal action introducing to very during the past few years. Until the new law of cooperation revising on October 27 , 2005 leads into that system just now first, be law's turn to embody in article 152 mainly to the regulation prepose procedure. But be regulation's turn excessively generally, theory prepare to esteem insufficiency , the leak making up legal rules's, is necessary on the basis drawing foreign legislation , the thorough research being in progress analyses for the trend adapting to development of modern law of cooperation since our country company carries out insufficient maturity, prepare for our country law of cooperation and the procedural law improving and perfecting finish doing scientific principle or law. The theory problem deriving legal action system remaining to be studied in a deepgoing way is still many , the main body of a book is derived only right away out of what space and learning are limited, purchasing procedure in the legal action front doing brief theory Xi , hopes that applying in our country has institute benefit to deriving legal action. Two parts compose the main body of a book from the preface and text, text part among them structure as follows:Partâ… derives legal action system to the shareholder doing upper introduction of a overall, from the shareholder derives legal action developing the system value summarizing out it in process. And draw forth preposition procedure here on the basis, the characteristic property pointing out a shareholder deriving legal action has decided a shareholder lifting the procedure fulfilling a preposition be obliged to before deriving legal action.That Partâ…¡has carried out theoretical investigation and discussion , difference on preposition procedure mainly is to fix and prepose procedure to the boundary prepose procedure request that marriage partner range apply for the origin of an incident analysis. Emphasize union UK-US genealogy of law , continent genealogy of law and our country law of cooperation relevance regulation. And submit relative suggestion specifically for our country in the law of cooperation about asking marriage partner and legislation in applying for the origin of an incident a defect.Partâ…¢starts entrance arriving at procedure analysis. This part of the important step shareholder to preposition procedure applies to have assumed detailed analysis. The primal problem involves in asking the right waiting the time limit , the shareholder to requester and company brought forward by company to the law consequence asking diversity attitude. Every part has carried out analysis respectively combining with the foreign country and condition of our country between them.Partâ…£sets forth preposition procedure mainly hitting the target exempting problem. And then draw forth the system value exempting first, the relevance following the method of work being, to our country law of cooperation combining with continent genealogy of law and UK-US stipulates that assuming complement. |