On The Shareholder’s Direct Action System

The current Company Law of China stipulates Shareholder’s ActionSystem explicitly. It consists of Shareholder’s Derivative Action System andShareholder’s Direct Action System principally. The former is stipulated by article152in Company Law; the latter can be seen in the whole law dispersedly. In addition,Item3,Article20in this law formulates the system of the Disregard of the CorporatePersonality.;It is also regarded as a formulation for the Action of he Disregard of theCorporate Personality. These tree systems of action composes the system of CompanyAction together in China. This thesis researches some theory and practice issue onShareholder’s Direct Action System in China by four parts. Besides,it briefly discussesother questions related to the topic,such as Shareholder’s Derivative ActionSystem,too.The first part of this thesis is the outline of Shareholder’s Direct ActionSystem. It expounds some basic issues of Shareholder’s Direct Action System. Thispart is divided into four sections:Section one is the origin of Shareholder’s DirectAction System. Here,it mainly discusses the legal basis and evolvement ofShareholder’s Direct Action System, and the necessity of introducing this system forChina. Section two discusses the definition and characteristics of Shareholder’s DirectAction System. Section tree states the legal significance of establishing Shareholder’sDirect Action System. Section four detailedly compares Shareholder’s Direct Actionand Shareholder’s Derivative Action.The second part of this thesis is the classificatory analysis of Shareholder’sDirect Action. This part is the key research contents of the paper,and one of theinnovative points,too. First of all,it briefly unscrambles the types of Company Disputeand Company Action caused by the disputes. Then,it elaborates the classifications ofShareholder’s Direct Action by two sections. First,the statutory classifications ofShareholder’s Direct Action. This form of the classification is according to theprovision by law. The author aims to discuss expediendly,so classify these actions asTypical Shareholder’s Direct Action System and Non-typical Shareholder’s DirectAction System. Here,it talks on seven kinds of Typical Shareholder’s Direct Actionand one kind of Non-typical Shareholder’s Direct Action. Second,nomologicalclassification of Shareholder’s Direct Action.The basis of this classification is Subject of Litigation or legal theory related.The third part of this thesis is the legislative status and lack existed ofShareholder’s Direct Action System in China. This part is divided into twosections,they introduce and demonstrate the legislative status and current legislation’sproblem existed of Shareholder’s Direct Action in China.The forth part is the construction of prefecting Shareholder’s Direct ActionSystem. This part is another key research concept of this thesis,and highlight or theinnovative point,too. This part presents the author’s suggestion which can prefectShareholder’s Direct Action System in China by tree sections. First,prefect CompanyLaw and other laws’ provision on this problem. Second,found a particular judicialprocedure and burden of proof Shareholder’s Direct Action. Third,introduceAmerica’s Class Action theory legitimately;and prefect shareholder’s Joint Action. Themain innovative points of this part are:formulate Shareholder’s Action system in awhole chapter,and Shareholder’s Direct Action system in a whole section. Found aparticular judicial procedure and system of burden of proof’. Introduce Class Actiontheory reasonably;prefect shareholder’s Joint Action;and reform shareholder’sRepresentative Action.ect.