On The Shareholder Representative Suit Party System

Shareholder representative lawsuit system was created to for the shareholders, especially small and medium shareholders maintenance company and indirectly, to protect the legitimate rights and interests of its own to provide a method and means. Whether the legal status of the shareholder representative litigant stipulated by the scientific and reasonable directly related to the function of the system can fully play. This article through to the domain of shareholder representative litigant system inside and outside countries and regions in the comparative study of legislation and judicial precedent, combined with the reality of legislation situation in our country, put forward related Suggestions of shareholder representative litigant system in China. This paper is divided into five parts:The first chapter outlines the concept of shareholder representative litigation system and its origin, and on this basis discusses the shareholder representative litigation system and characteristic of litigious right.The second chapter of the shareholder representative litigant the plaintiff, in on the qualifications of the plaintiff shareholders domain inside and outside the provisions of the comparative analysis, then puts forward suggestions for our country of the plaintiff shareholders qualifications.In the third chapter, the defendant of shareholder representative litigant is discussed, comparative analysis of the two big legal systems about the scope of the defendant, the defendant behavior aspects such as regulation, then sum up the scope of our country of the defendant more clearly.The fourth chapter is mainly on the shareholder representative litigation in the status of the company and other shareholders were discussed, the identity of the company to jointly the plaintiff to participate in litigation; Other shareholders apply to the case, shall enjoy the right of representative litigation.The fifth chapter mainly perfect the system of shareholder representative litigation in our country, advocate to establish reasonable system of representative litigation costs.