Balance Between Litigation Right Of Shareholders And Company Autonomy

With the development of socialist market economy and global economion integration,the company will not only play an important role and exert its great potential.To meet the needs of company development,the NPC Standing Committee made significant revisions for the original Law on October 27,2005.In general, taking a lenient approach—deregulation,emphasizing self-government.This line of thinking is in line with the request of the company—the private main,but in view of the companies just walk out from a planned economy system of china by the very young,there are also many immature places,so the NPC Standing Committee amended the original Company law.The shareholder representative lawsuits system, the original basis of the shareholder direct lawsuit,was added,so that the shareholder right to appeal can better used,the power of judicial,to carry out the company regulation.In this paper,the shareholder right to appeal,the company self-government and their relationship will be explored.The overall content of this article is divided into four chapters:Chapter1 analyzes the concept of the shareholders litigation,it's nature and the relationship of shareholders litigation and shareholders right.SectionⅡ,ⅢandⅣ"the legal basis and the status quo of litigation rights of shareholders".sectionⅡ," the legal basis and the status quo of the shareholders directly lawsuit" By the analysis,to understand its theoretical origin and value.sectionⅢandⅣ," shareholders representative lawsuit on behalf of the legal basis and the status quo",first of all, analysis of shareholders representative lawsuit,the representative state in Two Legal,to find the theory root cause.Secondly,seeking the shortcoming of shareholder representative lawsuit from China's legislative and judicial practice proceedings. SectionⅤ,"the significance on litigation rights of shareholders " It's an analysis on the value and impact of company autonomy.ChapterⅡ," company autonomy",It is divided into four sections,firstly,the fore three sections are used to discuss the nature of company autonomy and its form of internal organization and management,from the company the best vector—the company's charter and corporate organizations,we can understand the strengths and weakness of the company autonomy,"separation of powers-style".SectionⅣ"the view of people evil nature' perspective of the re-recognition of the company autonomy",from people evil nature,to explore the nature of corporate self-government must be the need for restrictions from people evil nature.ChapterⅢ," Check and balances between litigation rights of shareholders and company autonomy " It is divided into three sections,sectionⅠ,"the relations of the company,shareholders and corporate organizations" at home and abroad and legislation on the relations among them,by the analysis of different points of view of the legislation of home and abroad,are that companies and their organizations is a "commissioned relation",sectionⅡ,"the distribution and balance of company internal power "on the basis of the first section,the specific organizations find deficiencies in the company autonomy by discussing the company internal distribution and check and balances.SectionⅢ" the relationship between company autonomy and litigation right of shareholders" litigation right of shareholders is an effective means which make up for the deficiencies of company autonomy.ChapterⅥ,"perfecting Company autonomy under the judicial guarantees",the company autonomy under the judicial guarantees shall be improved from advising the six aspects of the company protection。...