Research On The System Of Company Supervisor Deputy Suit

The supervisor deputy suit means that when the company’s directors, executives, controlling shareholders or associate companies and other members damage the benefit of company, supervisory board or supervisors can take suits by themselves. It includes supervisory board deputy suit and single supervisor deputy suit.Under the background of company law people always discuss the organization suit, the supervisory boards act as supervisory organization that has the right to supervise director board and executives, and enhance and save the supervisory right by deputy suit. It is worth discussing whether the deputy suit’s value can be came true and implemented or not. The thesis through using historical analysis, case analysis, comparative analysis and so on, revealing the problems of supervisor deputy suit in China, on the basis of comparing Germany and japan’s experience of supervisor deputy suit, reaching to perfect the legislation system of supervisor deputy suit.Apart from introduction and conclusion, the thesis is consist of four parts:The first part is the outline of supervisor deputy suit. First, article defines the concept of supervisor deputy suit, and summarize the characteristic of supervisor deputy suit that has subrogation, representativeness, delivery property, procedure property. Second, the article introduces the legislative background of supervisor deputy suit in China. Last, in order to perfect the system of China’s supervisor deputy suit, it is necessary to strengthen the supervisor right to reach enhancing company balance, perfecting supervisory mechanism and reducing agent cost.The second part describes the current situation and problems of supervisor deputy suit system. This part is basis on the collecting cases. The supervisor deputy suit has many problems and flaws in our company law, for example, the status of suit client is not clear, including plaintiff status and defendant status and company’s suit status, the right of supervisor suit deputy is also ambiguous, and has the contradiction with legal representative system, the supervisor deputy suit procedure is not clear when the procedure begins, and the right of single supervisor deputy suit is not established.The third part describes foreign supervisor deputy suit system, and mostly discusses theory and practice in Germany and Japan. Besides, this chapter introduces supervisory board system in Germany and supervisor system in Japan, discusses the organization suit in Germany company law,compares these countries’ supervisor deputy suit system. and to set up the jurisprudence basis and legal regulation of China’s supervisor deputy suit system.The fourth part introduces the legislation perfection in China’s supervisor deputy suit system. First, we need to change the concept of legislation and justice, enhance the suit efficiency and establish the prosecution openly in justice, persist in company administration by itself and set up the concept of justice intervention appropriately. Second, this part put forward to some suggestion about perfecting supervisor deputy suit system in China, including explain the right of supervisor deputy suit and the suit status of client clearly, perfecting the prepositional procedure in supervisor deputy suit, perfecting the supervisor’s inspiration and limitation system and the suit cost and the suit guarantee in supervisor deputy suit. Then legislation must punish the people who abuse the right of supervisor deputy suit, including supervisor’s right must conform with legislation, the candidate qualification must be strict and improve his independence, explain supervisor’s obligation and liability clearly,the supervisor deputy suit’s compromise and quashing.