Shareholder Litigation On Behalf Of The Legal Ystem, The Focus Of Studies

In October 2005, the 10th National People's Congress Standing Committee adopted the amended "Law of the People's Republic", with the old law, the new law on the legal relationship between the companies involved in a number of civil rights and made a re-arrangement, starting from the principle of fairness , The full account of the company's legal relations in the interests of all parties involved in the balance, with particular emphasis on the protection of civil rights and interests of small shareholders. The typical one of the amendments is set up on behalf of the shareholder litigation system, the system greatly enhanced the company's main stakeholders in civil rights and interests can be actionable. However, due to the revision of the system level, the legislative position, leading to its specific provisions are not perfect and strong principles, such as in litigation on behalf of the shareholders of the legal status of the other shareholders in the proceedings of the legal status of the proceedings Security system and so on are not clearly defined, in its original, the main defendant, qualification, such as pre-procedural requirements are too general, this will inevitably encounter in practice some of the operational level, followed by Is all over the court in dealing with such cases when the administration of justice in a state of disorder. This paper from the judicial practice of analyzing cases from both theoretical and practical point of view, to learn from the litigation on behalf of the shareholders in the United Kingdom, the United States, Japan and other Western countries and the development of China's Taiwan region, changes in legislation in the light of their cases, Efforts to find them can learn from this lesson of experience, rules, combined with the status quo of China's legislative analysis, research, and to further build the idea. The full text is divided into four parts, the main shareholder of the lawsuit on behalf of the client system, pre-procedure, the legal consequences of the proceedings of the three aspects of these one by one. I hope that through this article the following superficial analysis, be able to further improve the legal system on behalf of the shareholders be helpful.