Research On The Proper Party's System Of Shareholder's Representative Action

The system of Shareholder's Representative Action as an important means of protecting the interests of minority shareholders, is now available for most countries and regions of the companies legislation adopted. China's new "Company Law" in Article 152 for the first time the company established a shareholder representative litigation, many previous studies is the overall framework of the Shareholder Litigation Construction and related systems briefly, but in judicial practice, more need to address what is the shareholder lawsuit on behalf of the shareholders the right to bring shareholder lawsuits, which can be representative of the main action of the proper defendant, and the company and other shareholders in determining the status of litigation and other issues. To this end, we want to initiate proceedings on behalf of shareholders of the issue described proper party to proceedings to perfect the system on behalf of the shareholders benefit.This addition to the introduction and conclusion, is divided into five parts, the main contents are as follows:PartⅠ: OverviewIn this section, the author of the proper party, the Shareholder Representative Litigation concepts and theories related to a relatively brief introduction to the shareholders on behalf of litigants eligible issues to form an initial impression, as the later parts specifically addressed do good bedding.PartⅡ: Shareholder's Representative Action in the proper party to explore theoriesThis section introduces the lawsuit on behalf of shareholders of the problem proper party more representative of several ideas that play theory of litigation, litigation guardian on the theory and generalized theory of the parties, through the analysis of the above theories, lay of the shareholders litigants on behalf of the theoretical basis of eligibility.PartⅢ: Overseas shareholder lawsuit in the proper party in the Legislative StudyThe third part to all countries and regions of the legislative, judicial explanations for the paper object, focus on the extraterritorial national and regional action for the proper party on behalf of shareholders of the relevant legislative provisions, in order to facilitate research and the clarity of form, the author has four small portion of sub-specific comparative analysis of the Shareholder Representative for the parties to the issue in the litigation system construction, providing a source of reference and reference.PartⅣ: Proceedings of the shareholders in the proper party on behalf of the legislation and judicial practiceThis part of the legislation and judicial practice of representatives of the shareholders party to the proceedings on the issue of a more comprehensive exposition, on the one hand, and strive to achieve comprehensive and profound understanding of the representatives of the shareholders party to the proceedings of the status of the problem; the other hand, this paper aims to The last part of (the suit on behalf of eligible shareholders of the parties into the Code of thinking) as a hint that the last part of this discussion more focused and realistic operational, more persuasive.PartⅤ: Proceedings of the shareholders on behalf of the parties into the Code of Proper ConsiderationThe focus of this part is where the difficulty is this, I tried some of the above, based on the proceedings on behalf of shareholders eligible to be parties to reflect on the legislation and make their own corner of the view, hoping to legislation in China and give humble practice.