Research Shareholder Derivative Litigation System Of AG Liquidation

Company is not only the main type of modern enterprises, but also themain subject of market economic activity.As the company is active in amarket economy, a variety of civil and commercial disputesfollowed.Company as a legal fiction form, and natural persons, the samethat has a certain life cycle from the company’s inception to the end ofthe company,After the establishment of the company began to engage inbusiness activities, the company operates a bottleneck or when the reasonsfor dissolution, it is necessary to stop the company running.However, theend of company is not the same to natural person, but to go throughcertain behaviors and procedures that dissolution and liquidationprocedures.The company must go through handle the liquidation of after thedissolution of the deregistration, During the liquidation of the companycan not be irrelevant to the liquidation activities.In this case, theliquidation group to replace the internal affairs authorities handlingthe liquidation,and Shareholders’ meeting, Board of directors,Board ofSupervisors’s right to be frozen. The liquidation group’s status similar to the status of company directors.If you have been violated in theinterests of this phase, the company, creditors or shareholders can onlybe set by the liquidation proceedings as a representative of the company.However, when the interests of the liquidation group against the company,creditors or shareholders or members of the collective damage to thecompany liquidation group interests.The liquidation group is impossibleto conduct litigation on behalf of the company for the defendanthimself.Therefore,2008,"explained the Companies Act (b)" boldly learnshareholder derivative litigation, shareholder derivative litigationsystem to expand the defendants to the liquidation committee.However, dueto the special nature of the dissolution and liquidation of the companyand the company operating phase difference,The author believes that theliquidation phase of the shareholder derivative lawsuits and companiesoperating stage is also a shareholder derivative litigationdifferences.This paper analyzed the liquidation phase of shareholderderivative action against pre-procedure, plaintiff, defendant, causes ofaction.I hope to sort out the liquidation phase after the applicableshareholder derivative action and shareholder derivative liquidationplay perfect system to help shareholders.