On The System Of Shareholder Representative Litigation In China

With the rapid development of China’s economy,China’s commercial law is also emerging,in order to meet the needs of the times,commercial law in the economic,legal,social and other aspects of continuous improvement and reconstruction. The shareholder litigation system is born under this kind of background. The shareholder representative litigation system is put forward in the "company law" of 2005,and provides the corresponding procedure and litigation conditions. The shareholder representative litigation system is a very important system in our country’s enterprise development system. The fundamental purpose of the shareholder’s representative litigation system is to help the enterprise to save himself. As long as the shareholders comply with the relevant legal conditions,it can be in the enterprise by the illegal occupation of your rights and interests,the name of the shareholder to the court proceedings,so the protection of small and medium shareholders is very meaningful.In this paper,the system of shareholder representative litigation is studied. Firstly,the paper discusses the background and significance of the shareholder’s representative litigation system. Then the related concepts are studied,which mainly analyzes the concept,function,rules and legal basis of shareholder’s representative action. And then analyze the main body of the shareholder representative litigation system,including the plaintiff,the defendant,the company status,etc.. Then the defects of the representative litigation system of the foreign shareholders are analyzed in the case of the case, which mainly includes the scope of the defendant,the necessity of the company to participate in the proceedings,the court of jurisdiction,the cost of the litigation,the litigation expenses and so on. On this basis,this paper puts forward suggestions on the perfection of the shareholder’s representative litigation system,and hopes to promote the perfection of the system of shareholder’s representative litigation in China.