China 's Shareholders On Behalf Of The Litigation System

With the strong market competition and constantly enterprise merger and acquisition, the operating management of companies becomes increasingly specialized; the ownership of corporate and the right of management are separated at the same time, consequently some bad situation may appear, for instance, supervisors and senior executives injure the interests of the company or the strong shareholders of the company have a conflict with the medium &small-scale shareholders. Representatives of shareholders litigation system is an important system of Contemporary company law, and also provide an important way for the rights protection of medium & small-scale shareholders at home and abroad. The new company law makes shareholders representing litigation system on the stage of China company law system in 2005.However, the Representatives of shareholders litigation system of China's new company law is only one provisions,3 articles. There is still slightly rough, thus the judicial application will be improper. This paper tries to put forward the legislative proposals on the basis of dialectical analysis of the new corporation law from historical breakthrough and omissions.This article is divided into six chapters, every chapter is as follows:Part 1:it explores the connotation and feature, emphasizes the conception, and compares the slimily notions with the Contemporary company law.Part 2:research on the aspects of the origin of Representatives of shareholders litigation system, the different systems and functions in Britain, the United States.Part 3:observe through the aspect of comparative law, research and reflect on the provisions of plaintiff, the defendant and the company.Part 4:observe through the aspect of comparative law, research and reflect on the procedural regulation, including the jurisdiction, prepositional procedure and the guarantee system.Part 5:analyzes the present situation of the shareholders representative lawsuit from listed companies, and try to find the existing problems from theory and judicial practice.Part 6:on the bases of shareholders representative lawsuit successive analysis and empirical research, this paper puts forward some legislative Suggestions such as the guarantee system, explicit the position of company in the representative lawsuit system.