The Right Of Action Of The System Of Shareholder Derivative Suit

The system of Shareholder derivative suit,strictly speaking,when a company by company shareholders,directors,supervisors,senior managers and others,or just an effect against the company refuses to pass a means to pursue suit on the civil liability for infringement when officers with the statutory eligibility shareholders and benefits for the company in accordance with the statutory procedures for people to replace the company against suit.China's newly revised "Company Law" provisions of Article 152 of the system of Shareholder derivative suit and to give shareholders the right to bring derivative action.The provisions of the system of Shareholder derivative suit,corporate governance will enhance the level of our country,the protection of small and medium-sized play an important role in the interests of shareholders.The Right of action of the the system of Shareholder derivative suit means that a company director's conduct caused harm to the company,the company does not pursue the matter or just an effect of accountability,the legal qualifications of the shareholders in accordance with the statutory procedures to their own name,for the interests of the company the right to sue.Significance of the system is to empower those who can not be controlled because the company's interests to safeguard their own interests and the shareholders of a company beyond the control of the right to judicial relief.Interests in the company's case against the company authority to exercise or just an effect if they can not exercise the right to appeal,the right of shareholders,especially the rights of small shareholders will not be able to protect.Therefore,companies need to closely related to the main benefits.The exercise of shareholders to the company's subrogation of the right of action against the interests of the company held the person's duty to balance the serious loss of control of the corporate governance structure,the right of shareholders to bring derivative action has been established, therefore.On the one hand,companies can safeguard their interests and thereby indirectly protect their legitimate rights and interests of the law demonstrated the fairness and justice; On the other hand,by the people against corporate interests and to impose sanctions,you can improve the status of minority shareholders and the impact of effective checks and supervision of major shareholders and corporate management personnel,so as to promote corporate governance structure of the sound.This article from the selection principle of the the system of Shareholder derivative suit to start,then a system of the the system of Shareholder derivative suit in the right content and right of appeal for the protection of elements of more comprehensive.Finally,the shareholder derivative action to improve our country right of appeal to protect some of the recommendations.This article is divided into four chapters.The first chapter,the principle of the system of Shareholder derivative suit proceedings analysis.First introduced the definition of the system of Shareholder derivative suit;Followed by an analysis of the characteristics of the system of Shareholder derivative suit,and to study the shareholder suit and shareholder derivative of the difference between direct action;Finally, the function of the system of Shareholder derivative suit was discussed that the system of Shareholder derivative suit is most important,the most primitive function of oversight functions should be in advance,and after the relief function can be said that the litigation system are the direct cause.The second chapter,the connotation of the system of Shareholder derivative suit analysis of the right to action.First of all,start from the meaning of the right to action,then an analysis of shareholder derivative litigation the right to appeal the content,because of the theoretical circle right at the shareholders derivative litigation and procedures connotations of entities exist on a different connotation of understanding,the author of the two aspects of the theory of a representative to the introduction and analysis,that the right of action of the the system of shareholder derivative suit to take physical connotation that connotation procedures adopted more broadly,said the proper fulfillment of the parties.Chapterâ…¢,the author of protection from the elements of the right to action the analysis of shareholder derivative suit in the protection of elements of the right to action.Shareholder derivative suit protection elements,the main entity is the subject of litigation,the procedure means the main parties are appropriate and the benefit of the interests. Chapterâ…£,the author first analyzes the protection of shareholder derivative suit in right to action questions of existence of China,and then from the following four aspects of well-made a number of suggestions:First,the main shareholder derivative suit System; Secondly,the shareholders derivative suit perfect pre-procedure;The third legal costs of security,compensation and compensation system of the shareholder derivative suit;Fourth, shareholder derivative litigation settlement and the withdrawal system.I hope the shareholders derivative suit to protect the right of action of China.