Deficiency And Improvement Of China's Shareholder's Representative Action

Shareholders representative action is when the company's interests are violated,the company or on behalf of the company reject or delayed in the exercise of litigation rights,Have the legal qualification of the company's shareholder in its own name for the interests of the company lawsuit against the infringement,the compensation belongs to the company,in the continental law system is Shareholder's Representative Action,in Anglo-American law system of international known as derivative litigation,but the meaning is essentially the same.In practice,big shareholders manipulation director?Shareholder to damage the interests of the company happens sometimes.To give the right of the shareholder to filed a lawsuit,in the aspect of normative company management,maintenance,shareholders' equity,strengthen the condition and balances,is to protect the shareholders' equity has played a positive role.The milestone of Shareholders representative system development in china was the publishing of revised "company Law" in 2005,and has obtained the certain legal and social effect,but with the market economy is increasingly active,the case of the Shareholders representative growing every day and multitudinous,the 151th provisions of our country"company law" on Shareholders representative is too principle and general,compared with other development more perfect system of countries and regions,is still deficiency.The explanation 4 for the "company law" in allusion to the director an the supervisor's status?company status?assume the cost of the litigation,but the Shareholder's Representative litigation system already can not adapt to the needs of economic development,also failed to well meet the need of justice practice in our country,actual need further perfect.The author search from the China Judgement online as "Shareholders representative" "first instance" or "company law" "the 151th" "first instance",found in the judicial practice opening rate is low,win rate is low,program operation is too broad,the court in terms of the facts and evidence that excessive discretion discretionary power is too high,for example,the shareholders of identity is in the infringement behavior occurs,or the infringement occurred and the litigation procedures must be retained?The "others" in the scope of the defendant should be qualified?The demanded procedure of the Shareholders representative refers to those typed behavior?The above problems are urgently need to be solved.The author will combine the definition of Shareholder's Representative litigation,current situation of legislation,through concrete examples and data analysis,put forward the problems existing in the practice,Suggestions to consummate the plaintiff qualifications?the scope of the defendant,the territorial jurisdiction?the demanded procedure of Shareholders representative?the burden of the proof,compiled with the actual situation in our country Shareholders representative system,make it more in line with the social development and the need of justice practice in order to really play its proper role.