Our Company Supervisors (Would) On Behalf Of The Lawsuit System Research

In recent years, with the rapid development of economy in our country, varioustypes of companies emerge in endlessly, about the class of the new cases also appearconstantly, how to better maintenance company interests, safeguard the interests of allshareholders, is the biggest problem of existence. To directors, senior managementpersonnel in violation of laws and regulations, the company’s articles of association,damage the interests of the company’s behavior, can exercise their functions andpowers, make benefits to the company as soon as possible, the company law in ourcountry set the shareholder representative litigation, shareholder direct action, theboard of supervisors on behalf of the lawsuit, this article focuses on the company law,the various laws and regulations of the board of supervisors on behalf of the lawsuitand judicial practice in all kinds of problems. From the board of supervisors set thesignificance of representative lawsuit, legislative intention, with reference to the stateof the board of supervisors system moves abroad, in combination with the court in thejudicial practice of the various problems, analysis of the board of supervisors in theprocess of the lawsuit, the problems of each link, gradually research, this paper on thepresent status of the board of supervisors on behalf of the lawsuit system and urbanfor improving legal operation situation, respectively in this paper, so as to achieve thepurpose of setting up the board of supervisors on behalf of the lawsuit system, canplay its proper role in the judicial practice.The first part is expounded the concept of representative lawsuit system of theboard of supervisors. According to the "company law" article54, article one hundredand fifty-one and article one hundred and fifty-two of the regulations, starting fromthe basic legal theory, step by step analysis of supervisors (would) the characteristicsof representative lawsuit system, from the clients, precondition, litigation status threeaspects carries on the analysis, the board of supervisors on behalf of the lawsuitsystem existence are analyzed. The author thinks that, as the company internalorganization of the board of supervisors in the function of supervision and inspectionagencies, only clear the concept of the board of supervisors on behalf of the lawsuit system, can be combined with the problems that exist in the judicial practice, theproblem of the board of supervisors on behalf of the lawsuit practice difficult.The second section expounds the supervisors (would) on behalf of the lawsuitsystem of theoretical basis. This article from the management of the supervisoryboard representative suit system two aspects of theory and the litigant advantagetheory analysis, combined with Taiwan’s supervisors system in our country, discussesthe meaning of existence of the board of supervisors, and set up the board ofsupervisors in the company law, the theory basis of representative lawsuit system.The author start from the functions and powers of company law gives the board ofsupervisors, comparing with the functions and powers by the board of directors of theboard of supervisors, analysis of the directors and senior management personnel inthe company law, damage the interests of the company told the rights to thetheoretical basis of the supervisory board section step by step, at the same time, incombination with judicial practice, expounded theoretical basis in reality notoperating modes can be in accordance with the situation, which leads to the problemsof the board of supervisors on behalf of the lawsuit.The third part mainly elaborated our country supervisors (would) on behalf ofthe lawsuit system of the present situation and existing problems. The first big pointby analyzing the status quo of China’s national conditions and the board ofsupervisors on behalf of the lawsuit, statistics in changchun region specific datarelated to the company disputes, and to analyze the two, compiled in recent years, ourcountry appear on behalf of the lawsuit of the specific case of the board ofsupervisors, lead in changchun region trial of the case of a board of supervisors onbehalf of the lawsuit, to thoroughly reflect the first instance to the criminal procedure,step by step analysis, put forward the author’s point of view, and from the main bodystatus, exercise the functions and powers, prepositional procedure, litigation costs andresponsibility, of litigation evidence collected from the five aspects has carried on thereason analysis, proposed on behalf of the lawsuit system of the board of supervisorsin the judicial practice problems.The fourth part through the analysis of the above paragraph, the author proposesabout to perfect our supervisor (would) on behalf of the lawsuit system of some Suggestions, from clear supervisors (will) on behalf of the lawsuit main body status,supervisors should admit company (would)(will) representation of the relative andsupervisors on behalf of the lawsuit of restrictive system arrangement, the perfectionof related supporting system, ultimately form a complete feasible filed a lawsuit ofthe board of supervisors system several aspects of the board of supervisors on behalfof the lawsuit system of our country urban in the judicial practice Suggestions toperfect place, this is also the original intention of this writing, lawmakers need toperfect the legislation, introduced to the board of supervisors on behalf of the lawsuitsystem of judicial interpretation, make the system operational stronger, avoid courtconnection between different results.