Construction Of Double Shareholder Representative Litigation System

With the continuous development of collectivized companies,parent-subsidiary companies are becoming more and more common.When pair parent-subsidiary corporate interests suffered abuse,mother and child company's board of directors and board of supervisors delayed in duty to those responsible shall be investigated for losses,based on one-dimensional planar structure of shareholder representative litigation system subsequently exposed loopholes,the parent company shareholders can't according to the system to make the infringe on the interests of the subsidiary civil lawsuit behavior person.At this point,the dual shareholder representative litigation system is needed to give the parent company's shareholders the right of derivative litigation through the independent legal status of the parent company and the subsidiary company,and to bring a representative lawsuit against the subsidiary company's wrongdoer.The system originated in the United States and gradually became popular and applicable around the world.China is the second largest economy in the world.With the continuous improvement of economic aggregate,the company's organizational form becomes increasingly complex,and various cases of infringement on subsidiaries emerge one after another.This paper consists of four chapters.The first chapter introduces the dual representative litigation system by introducing the dual representative litigation system,so as to explore the practical significance of the dual representative litigation system and to obtain the rationality of the establishment of the system.The second chapter discusses the legislative status of the dual representative litigation system in the United States and Japan respectively,so as to discuss the problems to be avoided in the construction of the system in China.Chapter three completes the construction of the system subject by establishing the plaintiff,defendant and the third party of the dual representative litigation system.The fourth chapter discusses the procedural rules and safeguard mechanism to ensure that the system can be used in practice.