The Study Of The Shareholder Of The Cost Of Litigation Security

The mid-twentieth century, the United States owing to the plaintiff shareholder derivative action, filed a malicious damage the company and other shareholder interests, the creation of New York state court costs regulations to guarantee the plaintiff offered the higher fees guarantee as the plaintiff after losing to the defendant and the loss suffered by himself for the premise condition, will reduce the malicious prosecution to the minimum. However, New York state, United States litigation cost security Law legislation pattern in the judicial practice, there are many disadvantages by the theoretical circles on the cost of reflection, with security laws judicial practice and theory constantly improve, after the revised "Model commercial company Law (Model Business Corporation Act) and the California General company Law (California General Corporation Law.) in New York state legislative Model change, of which the legislative Model of California is more rational and practical.In addition to the introduction and conclusion of the paper, which can be divided into three parts:The first part, discusses the shareholder derivative action of abuse and cause. The article elaborates the confusion of the shareholders abusing forms, such as lawyers urged the plaintiff to court of litigation; The plaintiff improper action or for personal purpose random to court of litigation. The United States in the middle of the 20 th century there appear a large number of derivative action, besides and native American legal culture have relations with the derivative action system itself are related. Derivative action is law gives medium and small shareholders to maintain the interests of the company and of their own interests, a relief system, but it is, in a sense, a company independent personality and to control most of the negative capital, the shareholders may neglect to court a generation of the management of the company's lawsuit, intervention in the management of the company, this be a lot of speculation for personal interests of the shareholders way.The second part, analyzes the derivative action to prevent the shareholder disciplinary action of the way to New York for reference, for example, New York state, United States at first introduces the litigation costs guarantee law, to fight the phenomenon of disciplinary action, because of the New York state legislative model for the company's tendency of protection, and a large white erase the enthusiasm of the right of shareholders filed, so after the model commercial company law will no longer use laws formulated the way litigation cost guarantee law, but will power to court. This part of the detailed analysis of the California general the stipulations of the "company law. To provide legal costs from the body of the guarantee and conditions; To provide guarantee amount, time, etc, were introduced in order to perfect our country's legislation. Finally, it should be pointed out that because of various factors, the paper will has many defects and deficiencies. But hope essay can a view to play a valuable role, along with the state to the constant development of economy, the company system perfect, have more scholars participate in the shareholder litigation cost of guarantee derived studies, put forward the advice to better improve the system.