The Case Analysis Of Shareholder Representative Litigation Between Beijing Chaoyang Company And Chen Darwin

Independent personality is the soul of the company system. However,in economic life, in order to manipulate the company against the legitimate interests of the shareholders of the frequent cases. Shareholder representative action is referring to the fact that when the lawful rights and interests of the company suffer infringed upon,but the company is slack to seek the legal action, the shareholder can take action in his own name. Shareholder representative action aims at protecting the equity of the minority shareholders. The. "Company Law" revised in 2005 introduced the system,in particular the protection of the interests of minority shareholders legislators shareholders,especially small and medium shareholders. But the system running in practice has some problems and defects,for example, without stipulating the company's position on the litigation provision, the cause of limitation of action need to be specified.This paper selects a typical representative of shareholder lawsuits as case and studies to explore the legal basis and the basic idea.The main focus of controversy in the case against the defendants on behalf of shareholders of eligibility, the pre-litigation procedures and limitations of these three areas. In the process of determining the scope of shareholders on behalf of the defendants in the lawsuit, the legislative system designed to take into account both the shareholder representative suit their own purposes and requirements, also taking into account the company is an independent body,shareholder representative action is essentially a complementary legal system, to be determined in accordance with the concept of shareholder representative litigation and legislative purpose.Pre-program highlights the special nature of the litigation system, different from other civil litigation, our country should not be too much for the pre-program set of obstacles.In the case of litigation on behalf of shareholders,applicable statute of limitations period also has a certain degree of particularity, especially on the starting point of the limitation period. "Company Law" article 151 provisions for shareholder representative lawsuit accused the range, the pre-litigation procedure as well as the limitation of remaining in place legislation is not complete,therefore,based on the analysis of cases start to fill the shareholder representative lawsuit system principles set the defendant's pre-program settings onrationality and limitation of actions identified in this legal loophole system conducted in-depth thinking.