Study On The Legal Regulation Of The Abuse Of The Litigation Right Of Shareholder Representatives In China

The shareholder representative litigation began in the United Kingdom and matured in the United States.Later,Germany introduced the basis of retaining its own legal traditions.In 2005,China introduced the latest revised Company Law,which contained provisions for the shareholder representative litigation system..In recent years of academic research and judicial practice,shareholder representative litigation has been gradually popularized and applied in China,effectively safeguarding the legitimate rights and interests of the company's minority shareholders,and ensuring the stability and security of the company's investors' funds.However,due to imperfect legal provisions,the practice of the abuse of shareholder representative appeals has arisen.The situation of malicious litigation has occurred from time to time,which has damaged the company's interests and violated the original intention of the original legislation.The author hopes to seek a balance of interests by exploring the tension between the company's interests and the shareholders' right to appeal.It can not only protect the interests of the company and its minority shareholders from unlawful infringement,but also to a certain extent curb the abuse of the right to appeal.To make the shareholder representative litigation system better play its role and function.This paper is divided into seven chapters.In addition to the introduction of Chapter 1 and the conclusion of Chapter 7,there are five chapters in the main part of the thesis.The second chapter expounds the concept,nature,function and existing problems of shareholder representative litigation,as well as the concept and expression of the abuse of shareholder representative's right to appeal.The third chapter discusses the theoretical basis and necessity of legal regulation of the abuse of shareholder representative's right to appeal.Chapter 4 analyzes the legislative status and existing problems of China's shareholder representative litigation system;Chapter 5 introduces the status quo and judicial precedent of legal regulation legislation on the abuse of its shareholder representative's right to appeal in the United Kingdom,the United States,Germany and Japan;Chapter 6 proposes the abuse of legal regulation by the shareholder representative's right of action.To legally regulate the abuse of shareholder representative's right to appeal and improve the system of shareholder representative litigation in China,first of all,it is necessary to clarify the qualifications and status of the litigant;secondly,it is necessary to improve the pre-procedure of representative litigation and establish judicial review procedures;again,to improve the right to appeal the legal provisions for the abuse of liability include civil liability and criminal liability.Finally,other measures to abide the abuse of the right to sue,including the court's ruling to sue,establish a representative procedural guarantee system,and improve the representative litigation settlement system.