On The Improvement Of System Of Shareholder's Representative Action In China

The system of shareholder's representative action is an important supervisory mechanism in the modern law of corporation.When the system was set up in the middle of 19 century in Britain,it was immediately accepted by many countries and regions of Civil law system and Common law system.It has been improved and developed after 150years history,and contributes to the modern corporation system.In China,along with the development of market economy,there were plenty of disputes at the end of last century.On the condition without specific law in this field,the courts accepted the shareholder's representative action,and made judgment in accordance with the basic principles of civil law.For a long time,many experts and legal scholars promote that our country should establish the system of shareholder's representative action as soon as possible,and they make a long-term and unremitting exploration and research.In 2005,the revised "Company Law" and "Securities Law" finally bring the system of shareholder's representative action into the law of corporation in the form of legislation, putting an end to the lack of legal basis on system of the shareholders representative action,and indicates the formal establishment of the system of shareholder's representative action in China.However,the legal rules of "Company Law" and "Securities Law" are too simple to meet the needs of practice they should be further improved. So,as a lawyer,with the help of the research results of scholars and combining with the judicial practice of china after the amendments of "Company law",the author wants to put forward relevant proposals on this field.The author adopts the research method of theoretical analysis and empirical analysis.The article firstly uses the practice case as the breakthrough point,analyzes the typical cases and personal acting cases, summarizes the practice problems in the system of the shareholder's representative action;secondly,the article summarizes the experiences on the basis of comparing the system of shareholder's representative of the major countries and regions in the world;finally,the author puts forward the corresponding legislative proposals.This article has six parts,the innovation exists in its practical significance,and the proposed legislation of this article is closely related to the judicial practice.The foreword introduces the paper's topic reasons,describes the history of the system of shareholder's representative action,the innovations, and the theoretical and practical significance.The first chapter outlines the shareholder's representative action,and highlights the value of the system of shareholder's representative action.The second chapter reviews the progress of the system of shareholder's representative action in China,and analyzes the problems in this system through the judicial practice.The third chapter compares the systems of shareholder's representative action in different countries and regions,summarizes the experiences in order to imprve the system of shareholder's representative action in China.The fourth chapter puts forward legislative proposals to improve the system of shareholder's representative action in China,from four aspects of parties,balance mechanism,the rights of the plaintiff litigation and the outcome of lawsuit.The conclusion of this paper,using the form of law rules,clearly and completely describes the author's legislative proposals,on the basis of the whole analysis to the paper.