Research On Multiple Representative Litigation System By Case Comparison Between China And The USA

Despite multiple shareholder representative litigation system to standardize corporate governance,to strengthen the company's actual control and standardize the company's business management has a positive significance,but in 2017 released by the supreme law of the Corporation Law(Judicial Interpretation Four)finally abandoned by the way of judicial interpretation in the establishment of double or multiple shareholder representative litigation system in our country.This is related to the differences in the structure of multi-shareholder representative litigation and shareholder representative litigation and the new problems caused by the introduction of expanded interpretation.In the following legislative activities,China should amend the provisions of the company law and establish the multi-shareholder representative litigation system.This paper focuses on the typical application of the multi-shareholder representative litigation system in China and the applicability of the system to the plaintiff,and puts forward some Suggestions on how to introduce and apply the multi-shareholder representative litigation system on the basis of the current situation of Chinese legislation.This paper consists of three sections: presentation,mainly text and proposal.The text mainly includes the following three sections.The first section is about the summary of multi-representative litigation.The concept and theoretical basis of multi-representative litigation will be introduced in detail.By comparing with shareholder representative litigation and dual shareholder representative litigation,the necessity,rationality and typical application of the system in China will be demonstrated,and the superiority of multi-representative litigation in dealing with parent-subsidiary relationship will be revealed.Section two compares the multi-shareholder representative litigation in China's judicial practice with the multi-shareholder representative litigation in the United States through a detailed analysis of four cases,and finds out the problems in China's judicial practice.It also draws lessons from how the United States,the birthplace of multi-shareholder representative litigation,makes the system take root and grow vigorously in the United States.The third section mainly discusses the application of the multi-shareholder representative litigation system in China.