Shareholders On Behalf Of The Litigation System

This article is divided into four parts.The first part introduces the shareholder litigation on behalf of the general theory. Was divided into four sections on the general theory of shareholder lawsuit for specific elaboration. Section I explained the meaning of shareholder lawsuit and characteristics. Section II illustrates the main shareholder litigation on behalf of the origin and development. Shareholder representative litigation began in the United Kingdom, is the equity in a special system; shareholder lawsuit on behalf of comprehensive development in the United States; a wide range of countries and regions in the world. Section III describes the main legal basis for action on behalf of shareholders. Shareholders the right to say; beneficial, said; Subrogation said. Section shareholder lawsuit and the distinction between direct action shareholders.The second part of the main representatives of the shareholders party to the proceedings of a systematic discussion of the theory. This section is also divided into four sections elaborate on specific issues. First, plaintiffs on behalf of shareholders of shareholders. Shareholder requirements; holding period requirements; holding the number of requirements; "pure hands" principle, the principle is also known to relieve myself. The second is about the shareholder lawsuit on behalf of legislation of the accused. American legislative cases; Germany, Japan and China Taiwan's legislative cases. Third, in the shareholder lawsuit on the company's legal status; Fourth, on behalf of other shareholders in the legal status of the proceedings.The third part is about the shareholder lawsuit on behalf of the restraint mechanism of the discussion. Shareholder litigation on behalf of the main contents of the pre-procedure; legal costs of setting up security mechanisms; disposition restrictions on shareholders; losing the responsibility of the shareholders constraints. The fourth part is about the shareholder lawsuit system in China's development, analysis and improvement. Shareholder lawsuit system in China's development; Shareholder Representative Litigation System and Its Improvement. About the Shareholder Litigation System, the main qualifications of the plaintiff shareholders; limit the scope of the defendant; companies participate in the proceedings of the litigation status is not defined; on the status of other shareholders of the proceedings there is no clear legal provisions; Our litigation system does not require action on behalf of incentives; on the pre-program requirements need to be improved; the system of representative litigation did not make provision for security for costs; lack of action for the withdrawal of shareholder representatives and reconciliation system.