Research On Shareholder's REpresentative Action

?Shareholder Representative Action is an important legal system to protect small shareholder in most of countries. It Was originated in the equity of common law in early 19th century , a hundred years after the test of time, Shareholder Representative Action has evolved into a mature and effective system of its own. It benefits to protect rights of minority shareholders, At the same time, it also benefits to make up for the company's inadequate administrative structure, develops a new outlet for the roughly board of directors right in equilibrium system, provides a timely monitoring mechanism from the corporate governance structure of externally.The company law of China amended on October 2005 added the rules of Shareholder's Representative Action, which stipulated that the qualified shareholder of a company could file litigation in the name of himself under certain legal conditions, so the Shareholder's Representative Action have established in our company law system. The Shareholder's Representative Action in company law of P.R.of China is a good means to protect the rights of small shareholders, which is the important development of Chinese company law system. However, since Shareholder's Representative Action is new rules of the Chinese company law, we need a deep study on how to understand and use these rules in the litigation related to such actions. So it is significant to have a study on Shareholder's Representative Action in practical areas.This paper systematically examines the development process of company's Shareholder's Representative Action,Theoretical basis as well as the effectiveness of its value. It focuses especially on the special functions of improving the corporate governance, By drawing on the successful experiences abroad, the paper analyses China's legal status in details and raises some views on how to perfect the system of Shareholder's Representative Action. There are four parts in the thesis:The first part: Introduces the knowledge of the shareholder's representative action, and discusses the basic in legal principle.The second part: Revealed an important role of shareholder's representative action in balancing the corporate governance by analyzing the background of shareholder's representative action.The third part: discuss correlation Provision of Shareholder's Representative Action of my country, and point out insufficiency of it. At same time, offering related proposal to perfect Shareholder's Representative action.This paper's features is Study on the System of Shareholders Representative Action in the context of corporate governance In order to determine the importance of Shareholder Representative Action system, at the same time, offering related proposal to perfect Shareholder's Representative Action rather than inherited from the most scholars who study only from the perspective of protecting the interests of shareholders.