Research On Judicial Intervention In The Internal Governance Of Listed Companies In China

The internal governance of listed companies is the main part of the company autonomy, and governance performance is essential for the company’s long-term development. However, the balance of power is dynamic and diverse. Because of the complex market subject identity of listed companies, governance needs of a variety of mechanisms involved in order to ensure. The revised Company Law gives corporate autonomy the legal respect and the autonomy in free then to be given more attention. The supervision of the internal governance of listed companies in China fails to affect the governance function of play. It needs for external mechanisms involved in its behavior and effect of governance to regulate. The judiciary is one of the interventions of an external mechanism, which is able to participate in state coercive force. However, the special status of governance in China’s listed companies make judicial interventions is insufficient and difficult. To promote the effective realization of the intervention, it is necessarily to research a reasonable path for the judicial intervention of listed companies.Based on this, the paper centered on listed companies in China’s judicial intervention, which can be divided as follows:First, from the failure of internal governance of listed companies, combined with related interests of the company imbalances reveal the negative impact of autonomy supervision of listed companies. The objective existence of these effects, and the need for external regulation conditions, based on the principle of judicial intervention and governance practices of listed companies in China, to demonstrate the legitimacy of judicial intervention. Through comparison with the administrative intervention and the imbalance of the main interests relief, it is to prove that the monitoring and regulation of judicial intervention.Secondly, based on the legitimacy of intervention, China’s judicial intervention in the reality of the plight of the internal governance of listed companies will be expounded. Comparative analysis of reality is the basis of this argument. The failure of governance of listed companies in China is the grounds of judicial intervention. But the difficulties situation is the discussion from the perspective of judicial intervention. These problems consist of the current system of judicial function and judicial own shortcomings, including administrative intervention, is a single, limited capacity. These plights of judicial intervention provide a direction for the path to perfection.Again, starting from judicial intervention and autonomy in terms of international relations, paper will analyze the boundaries of judicial intervention in the internal governance of listed companies. This part is how the argument judicial intervention areas, and given a reasonable principles of conduct for judicial intervention. Judicial intervention is one part national mandatory to force the constraints of corporate autonomy, but the relationship between them is uniform. And it has certain principles in the methods and limits. Follow the principle of intervention is to maintain a reasonable boundary. Respect for the principle of the law is ought to be involved in the boundaries.Finally, focusing on judicial involved in the plight of the internal governance of listed companies, and complying with intervention requirements in principle, the perfect path of intervention will be brought. Through the analysis of the plight, and the introduction of Cases without suits and Class action advocates learning from foreign judicial, the path which is appropriate for judicial intervention is can be established.