On The Perfection Of Shareholder Representative Lawsuit System In China

The litigation system of shareholder representative action ("the lawsuit system"), which originated from the British Equity during the early19th century, provides effective legal protection for medium and small shareholders. However, it was not until year2005did China first legislated and established the lawsuit system, which merely settled principle regulations on the lawsuit system, and more precise rules are required for operation in juridical practice. Therefore, we should sum up and absorb the legislation experience of the developed countries so that we can improve the lawsuit system. On the basis of analysis of the relevant laws and regulations of the United States and Japan, some advice was given to improve the application of the shareholder representative litigation system in our country.Addition to the introduction and the conclusion, this paper has four parts.Part one:Summary of shareholder representative litigation. This part mainly elaborates the concept, the development course, the effects of shareholder representative litigation and the legal foundation of shareholder representative litigation. We can know about the legal foundation and the important effects of shareholder representative litigation through this part.Part two:Some legal regulations of shareholder representative litigation in America and Japan and some suggestions for our country. This part the paper explains the legal regulations of shareholder representative litigation system on the participants in proceedings such as:plaintiffs, defendants and companies in America and Japan. Besides, this paper will also make an analysis about the regulations on the participants in proceedings in our country, and then the paper tries to make up some suggestions to make the qualification of the relevant participants in proceedings and their status in the lawsuit better.Part three:Preceding procedure in America, Japan and China, and some suggestions to make the system better. In this part, after the comparison and analysis about the preceding procedure in America and Japan, the paper will make comments and analysis about the preceding procedure of shareholder representative litigation in China. Thus we can give some effective suggestions to make our preceding procedure of the shareholder representative litigation system better. Part four:After analyzing the relevant regulations about shareholder representative litigation lawsuit fee in America and Japan, this paper suggests that in our country, we should strengthen our lawsuit fee guaranty system and lawsuit fee compensation system.