Research On The Legal System Of The Cost Of Litigation Security

The modern company,as a stockholder's management tool,is also the stage of interest game and balance between interest subjects.Coordinating the interests of all parties and balancing the rights of all parties is first accomplished through the internal governance mechanism of the company.However,the internal coordination mechanism often loses its effectiveness when one party in the mutual restriction relationship abuses its power while the other party is idle to exercise the right of supervision.When the interests are out of balance and the internal mechanism of the company cannot resolve conflicts of interest,disputes must arise.The injured party shall exercise the right of appeal to initiate the judicial proceedings to introduce the right to the right of public power relief,in order to restore the unharmed to a satisfactory state.However,if the plaintiff shareholders not malicious litigation for the company interests,damage the defendant directors,supervisors and senior managers and corporate interests,relief the defendant rights will be the purpose of the system design.The guarantee provides the system as a defense against the plaintiffs abuse of the right to Sue,which is adopted by national legislation.This article,conflicts of interest between shareholders and company,with management as the research object,guarantee system is emphatically discussed resolution flaws in the company and shareholder representative cases the role,will be the overall considerations,and then to our country company litigation guarantee system consummation put forward their own Suggestions.This paper is divided into three parts:introduction,text and conclusion.The introduction part briefly introduces the implementation status and judicial dilemma of our company's litigation guarantee system,and then leads to the author's understanding and research purpose of the company's litigation guarantee system.The body part consists of three chapters,including:The first chapter analyzes the status quo and existing problems of the litigation guarantee system in our country.This chapter is divided into two sections:the first section introduces the present situation of the litigation guarantee system of our company,including the legislative status and judicial practice;The second section summarizes the existing problems in China's litigation guarantee system according to the present situation,and confirms the positive role of the guarantee system and the necessity of existence.The second chapter introduces the legislation of litigation guarantee system and judicial practice.The first section of this chapter is divided into three:Japanese companies litigation guarantee system,and analysis the significance of guarantee system,emphasize the malicious as the court's discretion benchmark,all kinds of companies to provide a system guarantee of litigation should be brought into the overall consideration scope.The second section introduces the litigation guarantee system of American companies in the view of shareholder representative litigation cost guarantee.Third section briefly analyzes the guarantee system of lawsuit against Japan company,points out that the guarantee system of the United States and Japan,in the company lawsuit legislation idea on a trend of convergence,but also there is a difference in the concrete system design,to improve the system of litigation guarantee system in China to provide the foundation.The third chapter puts forward the personal suggestion of perfecting our company's lawsuit guarantee system.This chapter is divided into three sections:the first section is based on the judicial practice of our country and the reference to the extraterritorial law,and puts forward the necessity of providing the system for the provision of the legal guarantee of shareholder representative in China.The second section proposes that the litigation guarantee system must be based on the malicious intent of the plaintiff,whether it is in the lawsuit of the company's resolution or the lawsuit of the shareholder representative.Section iii specifies the specific system provisions other than the subjective judgment,including the guarantee object,the amount of guarantee and the determination of guarantee time.Finally as the conclusion part,the author once again stressed the view that we should departure from the whole of our country,the construction company unified framework of litigation guarantee system,clear the importance of subjective judgment,give full play to the guarantee system of litigation in the balance between shareholder interests and safeguard the normal operation of company should have the role of.