An Analysis On Our Shareholders Representing Litigation System's Perfect

In 2003, " the case of xindu Hotel listed companies" is a try of proceedings on behalf of shareholders in the judicial of China.2006, "Company Law" amendment to establish a shareholder representative litigation. December 2009 "Joint Group of minority shareholders v. Triple rights violations * ST Case" by the Shandong Provincial Higher People's Court allowed to file the case. As China's "Company Law" after the first shareholder lawsuit amended the case, it has important practical significance. But from the court filing to the present, relatively slow processing of cases. Shareholder litigation on behalf of the legislation is still relatively principle, there are still many people do not know their understanding of place is one of the important reasons. Therefore, it is necessary to conduct a study of shareholder lawsuit.This paper will be divided into four parts.The first part; Overview of the Shareholder Litigation. This section describes the definition of shareholder lawsuit, shareholder litigation and shareholder of a direct action on behalf of the comparison; describes the value system of the Shareholder litigation:the improvement of corporate governance; protection of small shareholders.PartⅡ; shareholder lawsuit, Development and Comparison of foreign legislation. This section describes the shareholder lawsuit, Development and shareholder litigation on behalf of outside comparison. Which focuses on litigation on behalf of foreign shareholders in the prosecution of shareholder qualification; shareholder lawsuit accused; the legal status of the company's litigation; pre-procedure; litigation guarantee; litigation costs and burdens; action settlement; litigation jurisdiction.PartⅢ; Shareholder Representative Litigation Developmental Status. This section introduces the litigation of shareholder representatives in the legislative, judicial evolution and development of the current shareholder lawsuit to analyze the reasons for the plight:In terms of legislation, to the shareholders to sue does not specify; defendant too narrow; front system is imperfect; corporate litigation position is not clear; action jurisdiction is not clear and so on. Is there any justice in the judicial interpretation, understanding and inconsistent reasons. Lack of respect in the individual shareholder incentives and other factors.Part IV; Shareholder Representative Litigation Solutions. This section discusses the following aspects:Shareholders sue to clear:I believe that shareholders should be eligible for individual and minority shareholders the right combination. Determine the scope of the defendant:I believe that the defendant should be to expand the range. For the company's position in the proceedings; I believe that the company claims as non-independent third party is appropriate. China's "Law" should be clear of shareholder lawsuit on behalf of the pre-litigation system and security issues. Papers accepted for litigation costs, a clear settlement of litigation, litigation on behalf of the jurisdiction of individual action and shareholder incentive mechanisms are discussed.