A Study On The Rights Relief Procedures Of The Shareholder's Of The Cases Outside The Case

The shareholders' rights and interests are one of the essential question in the Company Law.Since the 18 CPC National Congress,General Secretary Xi Jinping has repeatedly emphasis on strengthening the protection of investors' rights and interests.Shareholders can obtain the relief through the shareholder litigation when shareholders' rights and interests are infringed.However,how to access the relief when the shareholder is infringed on the rights of the outsider in the case? There are no specific provisions on it in the Company Law and the Code of Civil procedure.These relief methods are applicable to both the shareholder litigation system and the relief system of the third party's rights outside the case in civil proceedings,that is,the third party's participation in the litigation system.The system of the third party's revocation,the suit of the outsider's dissent and the system of application for retrial by the third party.Although these methods make it easier for minority shareholders to protect their rights and interests through legal channels,the qualification requirements of the main body of the litigation in practice can be brought against the rights of the outside shareholders,and the pre-procedure to bring the lawsuit is not perfect.The existence of these problems will cause some shareholders to abuse their litigation rights against the interests of the company for their own benefit and waste judicial resources.The remedy system on the shareholder's rights of the outsider needs to make clear the qualification of the subject,perfecting the pre-procedure of filing the lawsuit and choosing the remedy way which is more favorable to the protection of the rights of the shareholder in the case.It is essential to establish the phenomenon of excessive litigation to control the phenomenon of abusing the litigation.The perfection on the remedy system of the shareholder's rights of the outsider strengthens the judicial relief to the shareholder's rights,which provides the judicial guarantee for protecting the enthusiasm of investors according to law,realizing the legalization of corporate governance and promoting the company's sustained and stable operation.