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Research On Abuse Of Shareholder Litigation

Posted on:2012-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LuFull Text:PDF
GTID:2216330368495033Subject:Law
Abstract/Summary:PDF Full Text Request
The company law gives shareholders extensive litigation, in order to curb big shareholders abuse, protect the company and small and medium shareholders' interests to provide effective legal protection. But because our country is in a period of social transition, the good faith of the people, in addition to the lack of consciousness is not perfect, lead to shareholders legislation phenomenon can happen. Right abuse If not, it will seriously violated regulations and other shareholders' legal rights and interests, and waste of judicial resources, but also as the confusion of the shareholders of damage and to judicial justice and the impact of the authority. Shareholders' abuse, violate the principle of good faith and the principle of due process, is a kind of rights abuses, in essence is a kind of infringement. How to guarantee the legitimate shareholders can not only, and can prevent shareholders' abuse lawsuit, is the company law scholars and lawmakers to fight for the eternal subject. Countries in the substantive law and procedural law of shareholders' abuse on the comprehensive limit, which provides reference for.In our country, as a basic civil procedure law and procedural law not abuse problem right of explicit stipulations of the company law, consider also is not very comprehensive perfect, this must be our country's legislation, be short of regret. Whether from the purpose of the civil lawsuit and company health development Angle, or from litigation limited resources and building a harmonious socialist society Angle, the legislation in China to deal with all the shareholders' abuse to regulation behavior. To perfect our shareholder abuse litigation system, to guarantee the company health development, shall be based on the principle of good faith and due process concept and banned abuses of concept as the foundation, perfect the relevant provisions of the company law and the civil procedure law, strengthen the court and to the corresponding function, the behavior of the legal sanctions shall be.
Keywords/Search Tags:shareholder litigation, litigation abuse, the principle of good faith
PDF Full Text Request
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