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Main Parties’ Legal Status In Shareholders Derivative Suit

Posted on:2013-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q XiaoFull Text:PDF
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The new Corporate Law enhanced the investors’ confidence, and it is alsobecome to be a useful tool as a test whether the small and medium shareholders’ rightsand interests has been protected well. The new Corporate Law is not only improvesthe entity legal norms for the protection of shareholders’ rights and interests, and alsopay more attention to supporting the procedure law standard; Not only strengthen theprevention measures, and also make more operational relief after the event.Shareholders Derivative Suit is one of the important systems.More than one hundred-years-old practice shows that the system has becamemore and more important in company management history, and it has achieved itsoriginal purpose. China introduces this system in2005when Corporate Law wasrevising, which was reflected in article150and article152. Lawmakers tried tointroduce the world advanced system to change the past company shareholders of asingle big, infringe upon the rights and interests of small and medium shareholderssituation. But after a carefully reading of this law, you will found that found that theprovision of the law is too principle and abstract, it only stipulated the shareholderderivative action brought the plaintiff qualification, the defendant’s range, but norelevant procedure law of supporting. This has prompted us to think about: How could be the system used in practice?As the side of the infringement of the rights, what is the company’s legal status inShareholders Derivative Suit? China’s current Corporate Law has not given thecompany shareholders a clear legal status in Shareholders Derivative Suit, the absenceof the theory to related department to handle this kind of cases brought manyproblems. The trial of cases in our country take some of the company as the thirdperson party, some as the defendant. Therefore, it is necessary to clarify company’slegal status in Shareholders Derivative Suit.This paper is divided into six parts. First of all, the preface part puts forward thebackground-the lack of correlative laws and regulations, which caused practicaldepartments lack of theoretical guidance, literature review and the main researchmethod. And then go to the text of the paper. The body is the first to the fourth chapter,this part of shareholder derivative action is defined, the legislation on the foreignscholars in our country related theory viewpoint induction and discussion, and use ofcase collecting, inducing way up the related cases in China, draw the conclusion: Thecompany plays a special role in Shareholders Derivative Suit.At last, I hope that through analyzing the advanced experience of the moredeveloped common law and civil law countries, and the legislation of our countrypresent situation and the judicial review, in order to perfect the related system in ourcompany law to contribute.
Keywords/Search Tags:Shareholders Derivative Suit, The Third Party, LegalStatus, Law Contribution
PDF Full Text Request
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