On The Construction Of Dual Shareholder Representative Litigation System In China

The shareholder representative litigation system stipulated in China's current“Company law” lacks the relief path for the minority shareholders of the mother company to damage the interests of the subsidiaries.Therefore,it is necessary to introduces the dual shareholder representative litigation system to make for the defects of the shareholder representative litigation system.This paper is divided four parts to discuss the dual shareholder representative litigation system.The first chapter introduces the problems of the shareholder representative litigation system and the significance of studying the dual shareholder representative litigation.The shareholder representative litigation system has played a positive role in resolving company's disputes and safeguarding shareholder's right and interests.The shareholder representative litigation system in China's “company Law” is formulated around a single company organizational structure,and there are many problems applying to multi-level structure com[anies,The significance of the dual shareholder representative litigation is to regulate the mother's use of the subsidiary's illegal behavior and safeguard the interests of the mother company and the shareholder.The second chapter discusses the theoretical basis of dual shareholder representative litigation.This paper introduces the concept concept,characteristics and nature of the dual shareholder representative litigation.The academic circles have diferent views on the dual shareholder representative litigation.The opposing views are: violation of the principle of continuous holding,single representative litigation can solve the existing problems,The double representative lawsuit raised concerns about multiple representative litigation.The third chapter discuss the lack of legislation in China's dual shareholder representative litigation and analyzes the necessity of introducing legislation.The lack of legislation is manifested in the narrow scope of plaintiffs in shareholder representative litigation,the harsh conditions of prosecution,the less remedy whenthe interests of shareholders are infringed,and the insufficient protection measures for the interests of minority shareholders of the mother company.The necessity of introduction is reflected in the regulation of cross-shareholding and related party transactions in the holding company to protect the rights and interests of minority shareholders.The fourth chapter discusses the construction of China's dual shareholder representative litigation system.Applicable conditions: the mother company's holding conditions for the subsidiary,the mother compay's interests are damaged and the mother company's shareholder's litigation purpose must be justified.The purpose of the design pre-produre is to prevent dual-shareholder representative litigation from being abused by minority shareholder.The scope and exception provisions of the eligible plaintiff,the scope of the defendant,and the behavior of the defendant will be discussed.