On The Limitation Of Shareholder's Representative Action

From the beginning of the establishment of China's shareholder's representative action system,whether it is the judicial circle or the academic community has been arguing about the system,such as the shareholder's representative action parties,pre-procedures,the status of other shareholders,litigation and settlement and other hot issues.With the introduction of the relevant judicial interpretation,the shareholder's representative action system has been continuously improved and developed,the focus of the previous dispute has been resolved and implemented,and the academic discussion on the shareholder's representative action system has gradually subsided.However,from the establishment of the shareholder's representative action system to the current stage of development and perfection of more than a decade,very few scholars on the shareholder's representative action of the application of the statute of limitations,perhaps because the judgment documents at that time did not have access to the Internet,can see the shareholder's representative action cases are quite limited,Not to mention the case of the statute of limitations in the shareholder's representation action,it did not attract the attention of scholars at that time.Nowadays,the number of shareholder's representative action cases,and the court requires the instrument online,most of the cases can be found,through the judgment documents found that the court in the shareholder representative statute of limitations on the existence of a larger dispute,different levels of court application are very different,it can be seen that the application of the statute of limitations is confusing,Thus,the application of the statute of limitations in shareholder's representative action enters the research field.This paper focuses on the effect of shareholder's representative action in what standard,at the same time,the limitation of shareholder's representative action in the overall analysis,including the limitation period,the statute of limitations,the suspension and interruption of the statute of limitations.By comparing the relevant provisions of other countries and the current provisions of our country and the particularity of the shareholder's representative action system,the limitation period of shareholder's representative action should be followed by the provisions of our country on the limitation of time,analyze and judge in specific cases,determine whether to apply the statute of limitations,and then judge whether the General Rules of Civil Law are applicable.The prescribed period of limitation of ordinary action is also a special limitation period applicable to the provisions of other departments,so the dispute over the limitation period is not significant;the limitation period shall be calculated as optimal from the date on which the shareholders know or should know that the company's rights and interests have been impaired;and the time required for the suspension of the limitation period shall be placed in the circumstances of the suspension of the limitation period.Special circumstances such as the termination of the statute of limitations will be made for the damage to the shareholder's right of access and the invalidity or revocable action of the confirmation related transaction contract brought by the shareholders.To resolve and improve the application of the limitation period for shareholder representative actions is not only more beneficial to the shareholder's representative action system,promote the resolution of corporate disputes,but also provide ideas for the resolution of cross-cutting civil affairs,which is conducive to the convergence and integration of civil law and commercial law.