Research On The Governance Of Listed Companies By Judicial Intervention

Due to the complexity of the current economic activities,corporate governance can not overcome the limitations of external intervention,of course,become another basic means of corporate governance.As the final settlement mechanism of all disputes,judicial intervention plays the most important and the most appropriate role in corporate governance can not be achieved in an autonomous manner.This article from the concept of judicial intervention characteristics,means,through the United States,Britain,Japan and other countries on behalf of introduction to the judicial development of intervention in the governance of listed companies,and through our judicial intervention in corporate governance situation of interpretation,can be seen in China's judicial intervention into the corporate governance of listed companies or there are many deficiencies,preliminary to the actual situation of our country to put forward some judicial intervention in corporate governance of listed companies is more perfect.The thesis is divided into four parts: The first part mainly introduces the concept of judicial intervention,characteristics and mode of judicial intervention,the nature of judicial intervention in corporate governance,and the legitimacy of judicial intervention in corporate governance.So this paper is based on the analysis of the legitimacy of judicial intervention of listed companies on the draw of judicial intervention in corporate governance of listed companies is the foundation of the reasonable.The second part is on the foreign judicial intervention on the governance of Listed Companies in terms of the relevant legislation,summed up the experience of foreign countries.Among them,more typical is the British court practice and summary on Fuchs rules,the successful formation of exceptions is Fuchs rules,and ultimately improve the interests balance in the shareholder derivative litigation system,again the business judgment rule breeds success can be said is the balance of the balance system of the duty of diligence system.So the governance of judicial intervention of listed companies still have to follow a certain scale.The third part mainly introduces the legislation about the status quo of China's judicial intervention in corporate governance and some legal problems.This is mainly because of China's family enterprises and state-owned enterprises is a common phenomenon in China's listed companies,it also led in the corporate governance of thesecompanies over the psychological dependence on administrative supervision,but also because of China's listed companies investors are holding speculative retail investors,most of the shareholders of the judicial process is also a lack of motivation,and the path of China's judicial intervention in corporate governance of listed companies is relatively simple,so the interests of small shareholders is difficult protected.The fourth part is to learn from some of the advanced experience of foreign countries,and combined with China's unique national conditions,China's judicial intervention in the governance of listed companies put forward some reasonable suggestions.For the governance of Listed Companies in the intervention of administrative power should be strictly controlled in terms of range,reduce litigation threshold,but also to expand the scope of the subject of judicial power filed,the non litigious procedure and the group litigation of the United States is introduced,it can expand the path of judicial intervention in corporate governance,making it more diversified.