Dormant Shareholders Litigation To Appeal Procedural Safeguards

Litigation practice in the company, this investment, along with the company law judicial interpretation(3), dormant shareholders first find support in the legislative level, enjoy corresponding litigation right. Rates low, however, because of the judicial interpretation and regulations are not specific to dormant shareholders, so under the current regulation system, how to deal with implicit shareholder disputes hair is mixed in all kinds of legal relations, to a certain extent, become the problem of substantive law, and the lack of physical specification inevitably lead to the procedural law applicable predicament, how to exercise his right to appeal, becomes the first problem to solve. How to exercise his right to appeal, however, is closely connected with specification of substantive law, and the substantive law for the regulation of the problem is unable to satisfy the more and more rights, therefore, based on the dormant shareholders and litigation as the logical starting point, to exercise of the dormant shareholder litigation as the breakthrough point, to explore implicit procedural safeguards the specific path of shareholder litigation in the name of the building, in order to make through the writing of this thesis such problems better regulation.Full text in addition to the preface and epilogue, is divided into five parts, a total of about twenty-seven thousand words.The first part is to ask questions, including a first portion and a second portion. In typical cases related to point out the existence of issues related to the exercise of the right to appeal in hidden shareholders and trying to brief shareholders as well as the right to appeal the basis of the implicit theory, through the hidden shareholders inevitability analysis of procedural safeguards, to raise issues related to the effect;The second part is to analysis the problem, including the third and fourth parts. Specific analysis indicates status quo hidden shareholders the right to appeal procedural safeguards, and specifically in the subsequent analysis of the inherent problems of the theory, and comparative studies related to its theoretical issues, solve problems for later hidden shareholders exercised the right to appeal to theoretical groundwork;The third part is to solve the problem,that the fifth part. Propose ways to address the plight of hidden shareholders currently facing, that is made under different categories anonymous shareholders, different needs, different design proceedings for their choice, for the protection of shareholders can not be hidden across the board, and creatively presented incomplete type hidden shareholders should take action of confirmation of their way to protect the legitimate interests of a more comprehensive, in order to build a specific path of hidden shareholders the right to appeal the procedural safeguards, while also making related to explore other paths.