A Legal Study On The Basic Procedure Of Shareholder Representative Litigation

Shareholder representative litigation is of great significance in improving corporate governance and protecting investors,meanwhile,it plays an important role in the aspects of supervising the controlling shareholders,the actual controller,the director and the senior manager.The introduction of shareholder representative litigation is a major institutional innovation of the new company law.From the analysis of the court cases,we can conclude that cases that senior managers like large shareholders and their agents use their dominant position to seek personal benefits which damages the interest of the company are increasing.So it is necessary for judicial officers to have a good understanding of the system of shareholder representative action and use it properly.Due to rough description of the provisions of shareholder representative litigation in the current company law and many questions do not have unified interpretations in the judicial practice,the usage of this system is greatly reduced in judicial application.In this paper,the author will analyze the problems of shareholder representative litigation system and put forward relevant suggestions from the perspective of procedural law.This paper is divided into five parts.In the first part,after consulting a large number of related domestic and overseas documents,the author makes a general introduction of the recent shareholder representative litigation and figure out the value of the system.The second part,through the study of the Anglo-American Legal System,the author describes the origin of the shareholder representative action in detail and introduces the connotation and characteristics of the system.The third part mainly analyzes the difference between different countries in determining the qualification of shareholder representative action,points out deficiencies and puts forward some suggestions;The fourth part mainly expounds some important shareholder lawsuit system,the prepositive procedure of the shareholder representative litigation and itsjurisdiction and incentive mechanism,meanwhile,the author analyzes the allocation of the burden of proof in detail;In the fifth part,the author makes a detailed analysis of the reconciliation system of the shareholder representative action,and gives a brief description of the implementation of the shareholder representative action.I believe that through the joint efforts of the academia,a series of problems of the shareholder representative litigation system will be well resolved,the relevant law will be more perfect.