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The Consummation Of The Prepositive Procedure In Shareholder Derivative Litigation System

Posted on:2019-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:T FengFull Text:PDF
GTID:2416330578952220Subject:Law
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The system of shareholders'representative action has a history of nearly 200 years since its inception in Britain.Its appearance makes it possible for shareholders to take the place of companies to prosecute illegal acts that cause loss of company interests.However,the system is defective.In order to prevent malicious shareholders from abusing the lawsuit in the name of shareholder's representative,and to respect the autonomy of corporate will,countries(regions)in the world have generally formulated the pre-procedure system of shareholder's representative lawsuit.Although Article 151 of the Company Law of China also stipulates the pre-procedure of shareholder's representative action,there are still many aspects to be improved in theory and practice.This paper intends to analyze the problems existing in the pre-procedure system of shareholder's representative action in China,and put forward some suggestions for improvement,so as to enhance the applicability and operational value of the system in China's judicial practice.The text is composed of four parts:The first part briefly introduces the concept and significance of shareholder representative action and its pre-procedure system,which lays a theoretical foundation for the following.The second part,taking the representative countries(regions)of Anglo-American law system and continental law system as the research objects,makes a comparative study on the applicants of pre-procedure,analyzes the advantages and disadvantages of the pre-procedure system of shareholder representative action in different countries(regions),and puts forward the perfection of the pre-procedure system of shareholder representative action in our country in the fourth part.For theoretical basis and background support.The third part points out the problems in introducing and applying the pre-procedure system of shareholder's representative action.The fourth part discusses the rationality and possibility of introducing the commercial judgment rules,the litigation committee system,the principle of application for unhelpfulness and other related systems to the shareholder's representative action pre-procedure,so as to give a suggestion on perfecting the legislation of the shareholder's representative action pre-procedure system suitable for China's national conditions and the development of the company.
Keywords/Search Tags:shareholder representative action, prepositional procedure for shareholder representative action, business judgment rule, special litigation committee, the exemption of the pre-procedure
PDF Full Text Request
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