Research On The Litigation Status Of Parties In Shareholder Representative Litigation

Shareholder representative litigation system originated from the Anglo-American law system.After more than 160 years of development,shareholder representative litigation has been widely applied in Anglo-American legal system and civil law system countries.It was only when our country amended the company law in 2005 that the system was officially established.There is a great difference between the shareholder representative and the direct litigation,which belongs to indirect litigation,mainly to protect the interests of the company.Its aim is to ensure that the company,community,or all the interests of the shareholders,all club members are not violated,but also for their own rights and interests of the shareholders or the group members for effective maintenance.Because of shareholder representative litigation system in China started late,compared with the developed countries still there is a big gap,there are a lot of problems to deal with,in view of the shareholder representative lawsuit litigant's lawsuit status aspects depth exploration,can help make our country more robustness of the above system,promote effective guidance for the judicial practice,its in real judicial activities have the effect of comprehensive and fully.In order to avoid the abuse of the litigation right of shareholder representative lawsuit,the company law establishes the litigant system,and the determination of the litigant status is the theoretical basis of the shareholder's representative lawsuit system.Each country are based on the reality of their own to set up the standard system of different parties,commitment to ensure that the company and minority shareholders interests are not violated both at the same time,avoid the generation of rampant litigation,in order to make the litigation cost reduced.The author using comparative analysis method,the deep exploration and comparison of the UK,us,Japan and other countries and the shareholder representative litigation system in China,among them,for the company's legal status,the Anglo-American law system countries will company in the shareholder representative lawsuit for "status",whereas Japanese firms can choose in the plaintiff's identity to join the litigation activities together,also can only serve as the plaintiff or the defendant side auxiliary to join this activity.This study mainly by means of study on the shareholder representative litigation system,find out the institutionaldeficiency,and puts forward corresponding Suggestions,so that the system become more perfect in our country.This article in view of the shareholder representative lawsuit litigant's lawsuit status,first to the related concepts and characteristics are briefly described,at the same time to the reality of the shareholder representative litigation system of our country is analyzed,then the existing of shareholder representative litigation system as a breakthrough point,the parties lead to such party at the problems existing in the legal status,related to this system in the newly revised company law regulations,there are more disadvantages,such as the scope of the plaintiff's qualification,the defendant and the company in the litigation status in the litigation,all of these need be effectively solved.About the foreign shareholders on behalf of the lawsuit litigant's lawsuit status of the illustration of the reality and analyze,learn the successful experience,finally put forward the corresponding suggestion,to promote our country shareholder representative litigation plaintiff qualifications,the status of the defendant qualification and the company more perfect legislation.