Research On The Res Judicative Subjective Scope Of Double Shareholder Representative Litigation

Double shareholder representative litigation system is an umbrella for small and medium-sized shareholders under the modern corporate structure.It can solve the problem that the interests of the minority shareholders in the parent company that can not be dealt with by shareholder representative litigation.Therefore,it is widely concerned by corporate jurisprudence.Due to the special nature of the double shareholder representative litigation,which involves multiple subjects and multiple legal relationships,there are still many procedural problems.In this paper,we use the res judicative subjective scope as the angle of view to explore the comparative law on the double shareholder representative litigation.In particular,this paper starts with the connotation of the double shareholder representative litigation,from concept to characteristics and then to the principle of procedural law,and gradually in-depth analysis.After that,this paper focuses on the concrete representation of the subjective scope of res judicata in the double shareholder representative litigation and combines it with the extraterritorial system to try to find an appropriate way for the expansion of the res judicative subject scope of double shareholder in China.The aim of this paper is to provide some reference for our successful introduction of double shareholder representative litigation.This paper includes three parts--the introduction,the text,the conclusion,and the text includes four parts,a total of more than 40000 words.The first part is the analysis of the essence of the double shareholder representative litigation.Firstly,introduce the case to interpret the connotation of the double shareholder representative litigation.Secondly,according to its connotation,the characteristics of its procedural law are summarized,It is clear that it has "dual character in structure" and "relevance in interest".Thirdly,analyze its legal elements briefly.Fourthly,on the basis of the above conclusions,it analyzes the issue of litigious object and litigious right of double shareholder representative litigation,and clarifies that the right of the shareholders is derived from the procedural law,so as to clarify its essence.The second part is the focus of this article,which is divided into four small parts.First of all,it briefly introduces the res judicata and the principle of "the relativity of res judicata".This leads to a breakthrough in the principle of the relativityof the res judicata-the expansion of the subjective range of the res Judicata,and the three types of expansion that the theoretical circles have identified.Starting from the basic theory,this paper analyzes the conflicts of interest existing in double shareholder representative litigation and its influence on the subjective scope expansion of res judicata,and is concluded that applicable to the unilateral expansion of the res judicata according to different circumstances.For other shareholders,because the double shareholder representative litigation has the characteristics of similar necessary joint action,so it applies to the comprehensive expansion of res judicata under the premise of ensuring its due process participation.The third part makes an extraterritorial study on the litigation system of double shareholders and draws inspiration.First,the article introduces the historical evolution and development status of the double shareholders' representative action.After that,the article introduces the relevant legislation and judicial practice of the dual shareholder representative litigation system in the United States and the litigation system that has been established in Japan.On the basis of this,we reflect on the relevant legislation and judicature in China,and make clear that we need to explore the way to expand the subjective scope of double shareholder representative litigation with our own characteristics.The fourth part is a tentative plan for the construction of the procedures relating to the res judicata of double shareholders representative litigation.First,we determine the litigation status of all parties,and conclude that our country does not yet have the conditions to turn the theory of res judicata unilateral expansion into reality.Considering the problem of connecting with the current legal system of our country,it is necessary to adopt a transitional means.Therefore,the expansion of the subjective scope of the res judicata on the basis of procedural safeguards is more in line with the actual conditions of our country's introduction of double shareholder representative litigation in the future.In the end,the article introduces in detail the contents of the prevent guarantee procedure and the means of relief that can be provided.