The Case Analysis Of Shareholder Representative Litigation Between Liang Chengjia V.Bao Aiguo

In the process of market economy development,the company has become an important form of enterprise organization.As the company continues to grow,the disputes related to the company are increasing,in which the incidents of manipulating the company's interests and the legitimate rights and interests of the shareholders frequently occur.The case of shareholder representative Litigation between Liang Chengjia v.Bao Aiguo is a case of shareholder representative litigation of a typical shareholder against the interests of the company.The core dispute of the case mainly includes whether the plaintiff has the main qualification to bring the shareholder's representative action,and whether the plaintiff has fulfilled the necessary requirements of the pre-procedure before the plaintiffs prosecution,Whether the plaintiff Liang Chengjia's prosecution exceeds the scope of shareholder representative litigation and whether he has passed the limitation of action?First,it is necessary for the shareholders to meet the requirements of the shareholder's representative's litigation qualification to carry out the necessary prepositional procedure on the basis of the right to put forward the equity representation litigation,so as to be the plaintiff of the shareholder's representative action.According to the court's effective judgement and industrial and commercial registration,the plaintiff does not have the shareholder qualification of Changrun company,which is not consistent with the main requirements of the shareholder's representative litigation.Secondly,the 151st articles and third paragraphs of the company law of China do not specify how to perform the prepositional procedure when the third party infringes on the interests of the company,and only stipulates that the shareholders can bring the lawsuit in accordance with the previous two provisions.When third people infringe on the interests of the company,the board of directors and supervisors usually stand on the side of maintaining the interests of the company.From the point of view of the efficiency of the company's litigation and the convenience of the procedure,the shareholders may request the board or the board of supervisors.The plaintiff applied to the supervisor when he put forward the application of the first appeal to the director of the company,which fully showed that the plaintiff had fulfilled the statutory preposition procedure.The plaintiff is a lawsuit filed on the basis of the fact that the contract is defaulted.The company law stipulates that the shareholders can bring a lawsuit when the third party infringes on the company's interests and causes the loss to the company.The third party,although violating the contract agreement,does not cause the loss to the company,so it does not conform to the scope of the shareholder's representative action,and the plaintiff knows the day of the damage.When it comes to litigation,it has already exceeded the limitation of action.