Study On Shareholder Representative Litigation

Our country in 2005 in the company law rules on the shareholder representative litigation system,it is when the company is damaged,and the company is delayed in sued generation companies eligible shareholders exercise their litigation rights of a relief system,different from shareholder's direct action is the company's interests and safeguard the legitimate rights and interests of the shareholders,consistent with the economic development of our country,the judicial process,to promote the development of our country's judicial system.It is of great significance to the development of judicial procedure in China.Through the analysis and comparison of the prepositive procedure,the litigation status of the company and the litigation costs,the following enlightenment can be obtained from the analysis and comparison of the prepositive procedure in Britain,the United States and Germany and Japan of the common law system respectively.In terms of the litigation status of the company,it is further specified that the company participates in the litigation as the third party without independent claim right,and the company participates in the litigation voluntarily;In terms of litigation costs,it is necessary to collect litigation costs on a piece-by-piece basis,expand the scope of necessary costs for a case,and clarify the ways of cost compensation.Damage the interests of company liability disputes in China empirical analysis,from the geographical distribution of shareholder representative litigation,to perform the preceding procedure,company's lawsuit participation and several aspects,such as the cost of case,analysis the main problems of shareholder representative action: the prepositional procedure set unreasonable,company legal status is not specific and high costs.The causes of these problems are: lack of perfect legislative procedure and weak legal consciousnessFrom the comparison between the common law countries and the civil law countries and the conclusion from the empirical analysis of the case,this paper summarizes the Suggestions to improve the shareholder representative litigation system in China.As for the pre-procedure system,it should consider the "subjective elements" of shareholders,promote the type of "emergency",and clarify the exceptions of the cross-claim rule.The company's litigation participation mode should be specific to the company as a "third party without independent claim",the company's voluntary participation in litigation,the company's scope does not include wholly-owned subsidiaries;As for the cost of the case,it is necessary to reduce the cost of accepting the case,clarify the scope of the reasonable cost,and determine the way to obtain the compensation cost.China's shareholder representative litigation system is in line with the needs of China's judicial reform,and is a system innovation in China,which is of great significance to the development of China's company law,securities law,and civil procedure law,and also promotes the judicial integration between China and other countries in the world.The improvement and development of shareholder representative litigation system is of great practical significance.It is an important link to make up for legal loopholes in our country.It is conducive to maintaining the independent status of the company's operation,safeguarding the legitimate rights and interests of the company,protecting the legitimate interests of small and medium-sized shareholders,and stabilizing the company's important role in the development of the market economy.Today,with the rapid development of economy,the shareholders are more and more aware of the protection of their rights and interests.Thus promotes the market economy the steady development,promotes our country to rule by law society's progress.