The Study Of The Preposition Self-Remedy Procedure Of Shareholder Representative Litigation System

The Preposition Self-remedy Procedure is a very important part of Shareholder Representative Litigation System. It plays an Indispensable role in Shareholder Representative Litigation System. However, in academic circles, not many scholars study it, and the scholars study its subjects is even fewer. The importance of its subject is self-evident for The Preposition Self-remedy Procedure, and even its subject has great guiding significance in discussion on the subject of Shareholder Representative Litigation System. Its subject includes the applicant, the respondent and the applicant organization.In our country, the applicants are confined to the shareholders. This restriction has its rationality, but its shortcomings are also obvious. For example, it is not conducive to the mobilization of the company of other stakeholders to safeguard the interests of the company. Through investigation of legislation from the foreign countries and combined with the related theories of the firm, such as the theory of Corporate Contract, the theory of Corporate Social Responsibility, the author thinks that the applicants should break through the shackle of shareholders as the single applicant, and then expand the range of applicant, for example creditors employees and so on.In our country, the respondent includes company directors, supervisors, senior managers and "others ". This can be said to be the most extensive range. The author thinks that this provision not only departs from the original intention of the Shareholder Representative Litigation System, but it does harm to the Preposition Self-remedy Procedure and even the Preposition Self-remedy Procedure, such as the increasing risk of indiscriminate lawsuits. Combined with legislation from the foreign countries and the related theories, the author thinks that the range of respondent should be reduced, and it should be confined to the directors, supervisors, senior managers, promoters and the liquidators of the company dissolution and liquidation. In our country, the board of directors or the board of supervisors is the applicant organization. This approach not only is different from foreign common single organization practices, but also in the theory of corporation law it is contradictory and unreasonable. Combined with related practices from the foreign countries and the reality of our country, the author thinks that our country should set up a special system of is the applicant organization, in which the board of supervisors or supervisors will be main, the board of shareholders will be secondary and some special organizations, for example, are supplemented as the applicant organization, but also in the board of supervisors we should set up the special litigation committee constituted by the Outside Supervisor to strengthen specialization and professionalism of the board of supervisors.