Shareholder On Behalf Of Lawsuit System Related Legal Matter Research

The shareholders on behalf of the lawsuit refer tolegitimate interest of company when receives the holding shareholder,the trustee,the higher managements or other person's violation,but the company rejects or is negligent in through the lawsuit investigated that violates when person's responsibility as well as realizes other civil rights,has the legal qualification shareholder for company's benefit,the basis legal proceedings the lawsuit which mentions by own name.This kind of lawsuit system is the shareholder restrains the trustee, manager through the legal system and so on higher managements,causes them to fulfill earnestly to the company duty one kind of restriction mechanism.Although this system stems from the British balance method company to represent systemof lawsuit(the article symmetrical to represent lawsuit system for shareholder),but obtained a fuller development and the consummation in the UniteStates。P resent law of corporation of China represents the lawsuit system take the American shareholders as a main source,has been provided the powerful substantive law and the procedural law protection for my guozhong young shareholder benefit.Indubitable,takes in the protection of a shareholder young shareholder rights and interests mechanisms represents the lawsuit system,in the protection aspects and so on young shareholder rights and interests is playing the influential role,becomes the atonement company management structure flaw and the other relief method insufficient essential method.But also has like this or such flaw and the insufficiency in the legal practice, needs to further consummate.This article through the case analysis's form,several questions which exists in view of the legal practice in launches the discussion,finally proposed that consummates represent the lawsuit system's legislative suggestion.This article besides the introduction and the conclusion,the main text besides three parts.The last part mainly introduced the present paper writing goal and the significance.The main text three parts are: The first part,focal point statement.First,introduced simply in the intermediate stage company the young shareholder sues a major stockholder document the case and the decision.Next,proposed five legal dispute focal point which in the case exists:First,represents the lawsuit presage point of order;Second,the plaintiff qualifications recognize the question; Third,the court jurisdiction needs to be clear about the question;Fourth,onus probandi assignment problem;Fifth,the company in the shareholder represents in the lawsuit the legal status question.the second part,this case disputes the focal point the legal principle of discussion.First,this part mainly through to the foreign legislative inspection with our country law present situation analysis,elaborated that disputes the focal point to this case the legal principle theory of law discussion;Finally,the author proposes to this case five main law dispute focal point suggestion. The third part,consummates shareholders of China to represent other questions and the legislative suggestion.This part mainly from foreign legal and our country law present situation's angle of view,elaborates the shareholder to represent lawsuit system other related questions,and puts forward author's related legislation proposal.The conclusion part is to this article summary and the forecast.