Study On The System Of Shareholder’s Representative In China

The legal system of the company to establish a short time, their degree of perfection companies in developed countries with market economies are still a wide gap between the legal system, on behalf of litigants in general requirements in respect of the performance of the system is too general, poor operability.Whether substantive rules or procedural norms, as China’s market economy requires the development and deepening of judicial practice and continuous improvement.This article focuses on practical examples from judicial practice problems found, which reveals our Company Act provisions on behalf of litigants system deficiencies, and then combined with China’s market economy and the development of judicial practice the actual situation of the parties to resolve the current system of shareholder representative lawsuit Problems path selection.To this end, the article first shareholder lawsuit concepts, history and characteristics of the basic theory and other related studies, discusses the value of shareholder lawsuit.Followed by comparative studies and empirical research methods shareholder representative plaintiffs, the defendant institution and the company’s position in the proceedings conducted in-depth analysis and discussions to identify the Shareholder Representative Litigation defects.Finally, summed up China’s current lack of shareholder representative litigation system is proposed based on the principle of balance in the interests of the protection of minority shareholders under the guidance from the perspective of comprehensive legislation to carry out research proposals, for example, the shareholder lawsuit against minority shareholders to reduce the time and ownership restrictions, increasing minority shareholders participate in the proceedings of the substantive and procedural aspects of the legislation to protect;On behalf of plaintiffs filed shareholder legitimacy subjective restrictions, will lead directly to damage the interests of the company and losses related to the subject be expanded as defendants for prosecution, limited to senior management;By means of legislation to protect the company in the shareholder lawsuit in the neutral position and so on.