Research On The Prepositional Procedure Of Shareholder's Representative Action

In 1843,Foss v.Harbottle ——a famous Foss rule was l put forward in the case of Foss v.Harbottle in the United Kingdom,which result in stock matching the east represents a heated discussion of the litigation system.The system has been developed relatively well in countries with common law systems.It the was transplanted to China later than 2005 and was centrally stipulated in article 151,aiming at protecting the legitimate rights and interests of minority shareholders.With the increasing conflict of interests between shareholders and operators,there is no shortage of excessive litigation,which not only seriously affects the normal operation of the company,but also runs counter to the original intention of the system.Preposition procedure is undoubtedly a heavy fee barrier leading to ligitation,which contains some tipu litigation.The company law of China stipulates relatively principles on the preposition procedure of shareholder derivative action,which leads to many problems judicial practice that cannot be solved well.Therefore,it is necessary to conduct in-depth research on this provision.This paper takes the preposition procedure of shareholder representative lawsuit as the research object,and mainly USES the case sample analysis method and comparative analysis method to study the preposition procedure system of shareholder representative lawsuit,so as to be helpful in the construction of the preposition procedure system.The text is divided into four parts:the first part from the connotation and value two aspect of the introduction of pre-process;the second part briefly summarizes the current situstion of the system legislation,starting from the 1legislation and empirical research and puts forward many problems in practice;in the third part,through studying the relevant regislative experience of the United Kingdom,the United States,Japan and Taiwan,the author explores the precondition procedure suitable for China 's national conditions and adapts to the local conditions,so as to better play the value of shareholder representative litigation;the forth part puts forward feasible improvement suggestions on the pre-litigation procedure of shareholder representative from six aspects.defining the scope of the applicant,the content of the application,the relevant provisions of “other prople's infringement of the interests of the company”,improving the relief measures for the joint infringement of the applicant,directors and supervisors,and clarifying the exemption clauses.