The Study On Pre-suit Demand Of Shareholder's Derivative Action In China

In order to protect the interests of medium and small shareholders in the company and promote the perfection of corporate governance,the Company Law of the People's Republic of China established the shareholder representative action system in 2005,but at the same time,the system has some disadvantages,which will adversely affect the independence and daily operation of the company.Influence,in order to make the system play its due role,while reducing the negative impact on the company,so the establishment of a shareholder representative v.Pre-procedure.The front-end process seeks to strike a balance between protecting the interests of shareholders and respecting the company's personality.At present,the development of shareholder representative litigation system and its pre-procedure is still in the initial stage,and the design of the article is still not mature and perfect,and there are many flaws.The first chapter is the introduction,which introduces the background and significance of the procedure of shareholder representative litigation.The second chapter gives an overview of shareholder representative litigation and its pre-procedure from five aspects: the connotation and characteristics of shareholder representative litigation and pre-procedure,the relationship between the two,the pre-set procedure and the value.The third chapter points out the problems existing in our legislation and judicial practice.Chapter 4 gives some suggestions on the problems existing in the front-end programs proposed in Chapter 3.