The Perfection Of The Pre-procedure Procedure For Shareholder Derivative Litigation In China

With the establishment of Shareholder's derivative action in many countries.In 2006 our country stipulated the Shareholder's derivative action in the article 152 of company law.This is the first time that the mechanism appeared in the legal norms.But there is only one article to stipulate the Shareholder's derivative action.It is not enough.Upon carefully studying we can find that there are many weak points in the legislation of the Shareholder's derivative action.These are also needed to be improved which were not involved in the legislation.This thesis is about explaining the theory of the preceding procedure of the Shareholder's derivative action,and I will take the comparison method in this thesis to come with my own proposals.To make the preceding procedure as an important part to play its biggest role for the good operation of the Shareholder's derivative action.This thesis is explaining mainly from the following several parts.Firstly,the current situation of the preceding procedure about the Shareholder's derivative action in our country.It bases on analysing the article 152,and summaries some problems of the preceding procedure which involves in the article 152.Secondly,starting of the preceding procedure of the Shareholder's derivative action.It includes the reasons of starting the preceding procedure,and which organization should apply to.This aspect based mainly on comparing overseas with our country.And I will put forward my own proposals to improve it.Thirdly,the investigation about the preceding procedure of the Shareholder's derivative action.It includes review period of the preceding procedure,and the effect of decision which makes in the preceding procedure,and the exemption of the preceding procedure,which based mainly on comparing overseas with our country.About the reasonable aspects of the legal provisions of our country,I will give an interpret on them.About the unreasonable aspects of the legal provisions of our country,I will put forward my own proposals to improve them.Of course,I will join some cases which our country has closed at the appropriate time in above aspects,and make the point more strongly.At the same time,these cases can make the direction much more clear of the litigation system in the juridical practice,then provide some simple references in the future.