Study On The Exemption System Of The Pre-procedure Of Derivative Litigation

To carry out the corresponding procedure before the derivative litigation is a subsidiary system of derivative litigation,which is set up to prevent abuse of litigation and protect the normal business activities of the company.However,if we emphasize the interests of the company and generalize the pre-procedure system of derivative litigation,it is disadvantageous to protect the interests of minority and even go against the original intention of setting up this auxiliary system.The purpose of this paper is to study the exemption system of the pre-procedure of derivative litigation.On the basis of analyzing the present situation of legislation,the author makes a study on the existing problems,with a view to putting forward some suggestions on perfecting the relevant system of our country.In this paper,the derivative litigation pre-procedural immunity system is divided into four pails.In the first part,the author expounds the basic theory of the exemption system of the pre-procedure of derivative litigation,and then explains the significance of the existence of this system.The biggest difference between derivative action and general civil action is that it is necessary to perform special pre-procedure before filing derivative action,but general civil action does not need it.The establishment of derivative litigation svstem is to protect the interests of minority and companies,and the exemption system of derivative litigation pre-procedure can better reflect the idea of balance of interests,and is more helpful to safeguard the interests of minority shareholders and companies.It helps to strengthen the constraints on managers.The second part mainly discusses the current legislative situation and judicial application of the exemption system of derivative litigation in our country,the purpose of which is to analyze the shortcomings of this system in our country.As well as the defects of this system in the process of solving practical problems in the judicial application,and summed up the examination standards of the judicial organs in our country when applying the system.In the third part,the author analyzes the defect of the exemption system of the procedure before the shareholder's derivative suit,that is,there is the ambiguity in the situation of the emergency of the situation,the rules of the exemption and the object of the exemption are not clear,and the exemption rules and other defects in the non-emergency situation are not specified.This is a problem to be solved in this paper.and it is also the significance of the study of this system.In the fourth part,the author compares the status of the exemption system of prior procedure of derivative litigation,summarizes its review standard,and provides theoretical basis and system reference for perfecting the system of our country.The fifth part discusses the perfection of the exemption system of derivative litigation pre-procedure in our country.This part is the key content of this paper.Through the analysis of the above contents,this paper discusses the rationality of perfecting the exemption system of derivative litigation in China with the American"application for no benefit" model.Then it explains the way to perfect this system of our country and the reason of perfecting the system of our country by the mode of"applying for no benefit" in the United States;finally,through the above analysis,it clarifies that the content and angle of the legislative provisions of this system should be refined in our country.