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The Research On The Shareholder Representative Litigation System

Posted on:2018-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y MoFull Text:PDF
GTID:2346330515986845Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The shareholder representative litigation is a type of corporation litigation in which the shareholders would press charge on the entities who impaired the legal interests of company for the sake of company, while the litigation would defend the rights of shareholders too. According to the statutes of current company law there are a few drawbacks such as the overcharge on the court costs, and the excessive consequence of lose, and vague definition of rational fee as well as the harsh prepositional procedure.Some legislation experience of the shareholder representative litigation system in USA and Japan as well as the 4th edition draft of the judicial interpretation of company law admitted by the Supreme People's Court in December 12th 2016 have been investigated and quoted in order to offer some suggestions to the perfections of the present shareholder representative litigation system, including the security to the legal identity of the plaintiffs and the decrease of court costs, as well as the security of the rights of company in the procedure and the simplification of prepositional procedure and the improvement of distribution of burden of proof. Those measures are meant to adjust to the continuing softening requirements upon corporations in recent commercial regulations which could finally secure the profit of enterprises.
Keywords/Search Tags:The shareholder representative litigation, the plaintiff qualification of shareholder, the status of company, prepositional procedure, the security of litigation, distribution of burden of proof
PDF Full Text Request
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