Localization Of Building The System Of Claim For Stop In Company Law

Shareholders how to protect the company when the directors,senior management personnel and others conduct violations to the company which will cause damages to the company.This issue: Interests and thus indirectly protect their own interests,such as the United States,Britain and other common law countries as well as Japan,China Taiwan and other civil law countries are provided: shareholder representative litigation,multiple shareholder representative litigation and other related systems.On the basis of this,when Japan amended the Japanese Commercial Law in 1950,in order to prevent the directors 'exclusive rights under the board of directors' doctrine,a new system of claim-for-stop of shareholders 'behavior against directors' illegal acts was newly established.The current Japanese "Company Law" It also inherited the requirement.However,no similar system has been established in the Company Law of the People's Republic of China(hereinafter referred to as the "Company Law of China"),and few Chinese scholars have discussed it.In practice,the system of shareholder representative litigation can hardly be implemented Its due role,which determines the need for Chinese scholars to re-examine the protection of minority interests under the background of the board of trustees,to explore the possibility of giving more relief to minority shareholders.However,to some extent,it is necessary to draw lessons from the relevant provisions of the Japanese law to further investigate the shareholders' right to stop the claim.Based on this premise,this article is dividedinto four chapters,which elaborates on the meaning,value of the right of action suspension in corporation law,the main point of judicial application in Japanese law and how to promote its concrete construction in China.The first chapter first explains the conceptual meaning of the right of action stop claim.And on this basis,the author makes a comparative description of the connection and difference between the right to request the cessation of actions and the shareholder representative litigation,the shareholder direct litigation and the preservation of civil litigation.It is true that there are many connections between China and its civil behavior preservation.Many scholars also question the value of the right of cessation due to the existing provisions of the Civil Procedure Law,but there are still huge differences between the two.The second chapter points out that it is indeed necessary for China to consider the establishment of a shareholder stop-right system.The reason is that it is difficult for SMEs to exercise their rights of supervising the behaviors of directors and senior executives directly and effectively in order to protect the interests of the company so as to safeguard their own interests in both the litigation system of shareholder representative and the direct litigation of shareholders.purpose.The third chapter mainly introduces the system of claim right in Japan's "Company Law".By introducing Japan's practical cases,this article analyzes the judicial application of the system and provides ideas for the construction of the system in China.The fourth chapter puts forward some suggestions on how China constructs the system of stopping claim.Including the subject qualifications,object objects,conditions of exercise,procedural requirements,and the effectiveness of preservation of the right to request a stay of action,and gives a comprehensive explanation of the localization of the system in China.