Study On The Ligal Regulation Of The Abusement Of Shareholders Deputy Litigation Right

Shareholders Deputy litigation right system in other countries in legal provisions, often others violated the legitimate rights and interests of the company, resulting in losses to the company, the shareholders may bring a lawsuit to the people’s court. In China mainland,1993 "company law" is not stated in this country, courts of the referee, when there are different, be quite different, small and medium-sized shareholders for the rights of judicial relief without a battle.05 years of the "company law" clearly, when the damage to the legitimate interests of the company and the company legal person is unable or unwilling to sue when shareholders in the statutory conditions under which the right of appeal to the people’s Court of subrogation in the name of a person, when it is successful, the litigation interests belong to the company.Inevitablely,after establishing the system of shareholder representative litigation,the more important thing is how to limit the rampant litigation, regulate rampant litigation, because the shareholder representative litigation, as a specific system, must be able to be in the legislation of neutrality and forward-looking legislation, just because at present the quality of our country shareholder representative litigation is just a little, the enthusiasm of the shareholders" shareholder representative litigation is not high or hot that is not the cause of not limiting the right. until appearing a lot of abuse of shareholder representative litigation, formulating regulations to limit the misuse of shareholder representative litigation is too late. Our country "company law" provisions on shareholder representative litigation is too simple, the form of company decision has no real deterrent effectiveness to the action, although the company law of the fourth explainment (draft) notices the shareholder representative litigation is likely to be abused, and suggests to establish the guarantee system of shareholder representative litigation costs, litigation mediation system, but it still has some unreasonable design terms, learning lessons from foreign advanced legislative experience and judicial precedent, combining with the actual situation of our country, at the same time around the company law and the company law of the fourth explainment (draft) restrictions of shareholder representative litigation, the author discusses how to regulate the abuse of shareholder representative litigation.In this paper, we first introduce the abuse of shareholder lawsuit on behalf of the meaning, elements and forms, on regulation of the abuse of the legal basis of the shareholder representative litigation is discussed briefly, and then summed up the regulation of the abuse of shareholder representative litigation. Through the discussion of the necessity and practical case analysis, the present Regulation abuse in shareholder’s representative action, in the form of an audit program can’t prevent the lawsuit, guarantee system is not perfect, the mediation system is not reasonable, and losing compensation liability of shareholders is not clear etc. the defects in legislative proposals.