Minority Shareholders' Rights, Litigation Relief System Study

It is a common phenomenon that the rights of small & middle shareholders are infringed on in the operation of modern companies. When shareholders' rights are infringed on, it is an important task how to remedy shareholders' rights timely. Aiming to construct the litigation remedial system in our country, this paper tries to make a discussion in this respectDivided into four parts, the paper amounts to 32,000-odd words all together, whose abstract is as follows:Part I: The general problems concerning the litigation remedy of small & middle shareholders' rights. Firstly, it defines two concepts of large shareholders and small & middle shareholders. It secondly introduces the specific rights of small & middle shareholders, specially points out their rights are incomplete in the practice, which are regulated completely in law, and then analyses the reasons of the defect Finally, it summarizes the constitutive requirements and types of acts infringing on small & middle shareholders' rights.Part II: The theoretical foundations about the litigation remedy of small & middle shareholders' rights . In the part, the author thinks there are three theoretical foundations concerning the remedy, which are: first, the remedy is the requirement of the principle of shareholders' equality; second, it is the embodiment of protecting the weak; third, it shows the principle of no abuse of rights.Part III: The way of the litigation remedy-the litigation system of shareholders. The remedial ways of small & middle shareholders' rights are divided into self-remedy and judicial remedy. Small & middle shareholders are not willing to adopt self-remedy due to some reasons, so it is important to apply judicial remedy when their rights are infringed on. Therefore, the remedial system of small & middle shareholders' rights discussed in the paper refers to the litigation system of shareholders. In the part, the author presents the litigation system and compares the two basic forms of shareholder litigation, which are direct action and derivative action. Then, the author expands the litigation systemof shareholders in Anglo-American law system and continental law system, hoping to get some references to improving the litigation system of shareholders in our country.Part IV: The improvement of the litigation remedial system of small & middle shareholders 'rights in our country. The author analyses the necessity to perfect the remedial system on the basis of the legal protection for shareholders, the corporate governance and the capital market. Lying on legislation and judicial practice, the author points out the main content of improving the system, which includes the perfection of direct action and the establishment of derivative action.