On Application Of Shareholder's Representative Action In China

Shareholder's Representative Action is an important system, Originated in the equity of common law in the 19th century, shareholder's representative action has evolved into a mature and efective system of its own.Thus it becomes the necessary measure to make up for the company's inadequate administrative structure and other inadequate relief methods and will play a significant role on protecting the rights and interests of small and middle shareholders.With the constant development of market economy, China's Corporation Law is also provides shareholder's representative action , but because of the system are transplanted from abroad, There are not relevant legal system to meet with the system. so the system has not fully localized in the judicial practice .we should improve the system to overcome its shortcomings.The legal provisions of the system are uncomplicated,leading to various parts of the judicial practice in the specific operation are not unity, so that make these cases in disorder. Therefore, the paper details shareholder's representative action to further improve this system.In addition to the introduction and conclusion to this paper,the body of paper is divided into four parts .Chapter one is the overview of the shareholder representative action . After briefly explain the concept ,the characters of the system are analysed .Then the difference between the direct procedure of shareholder and the procedure of shareholder's representative is pointed out .Finally based on the significance of shareholder's representative action, the scope of litigation is illustrated.Chapter two is about the current legislation of shareholder's representative .First,it discusses the current legislation of shareholder's representative and pointes out that the system of our existing Code of Civil Procedure does not match with Corporation Law .For example,the problem of shareholder's suit right ,the suit cost etc.Then it analyses the defect of the legislation . Finally ,it expounds that three basic principles we should follow to improve shareholder's representative action.Chapter three is about the party of shareholder's representative.This part is the focus of the issue . In this chapter, the principle of shareholder's representative is the basic point, combined with advanced legislative theory and the experience of our country of the shareholders's litigation system, it analyses shareholder's representative action defect and proposes some advice .In this part ,it introduces the restrictive conditions of plaintiff shareholders, the scope of defendant,the legal status of the company , as well as other shareholders to participate in the proceedings.Chapter four is about the procedures of shareholder's representative action . It follows the same method of the third part .Based on the advanced foreign experience and practice of legislation ,it analyses judicial application of pre-suit requirement, demonstrates the shareholder's representative jurisdiction of court cases and how the implementation of action the cost of a security system.Finally it expounds upon the expressive form of the derivative litigious trial finality,in other words,that is the jurisdiction of representative action.