Research On The Pre-procedure Of Shareholder Representative Litigation In My Country

The shareholders' representative action first appeared in the UK.In 1843,the famous Foss rule was proposed in the Foss v.Harbottle case,and the famous shareholder representative action system was formed afterwards.Over a hundred years of development and improvement,this system is no longer prohibited in the majority of countries,which implements in the continental law system and the common law system.The core of this system is to protect the interests and grant supervision rights to the shareholders,as well as advocates equal status among the shareholders and therefore provide avoid overall risk to the company.However,in day-to-day practices,the shareholder representative action system can also have some negative influence,which violates its original intention.In order to make it have corresponding value,the system was restricted during the development period,and the procedure of shareholder's representative lawsuit is an effective way to solve this problem.And this deliberately set prerequisite has resulted unthought impacts in many areas of its practice.In 2005,the company law of the People's Republic of China stipulated the preliminary procedure of shareholder's representative lawsuit.In China,shareholder lawsuits have been a late starter.Therefore,as a whole,there are still some imperfections in the provisions of the system.In order to make this prior procedure to have its full impact,the article compared prepositional procedures in the US,Japan,Taiwan,and also took China's local conditions into consideration,and concluded some useful suggestions with the intention to help with maturing the prior procedures in ChinaIn the introduction,the author puts forward the research topic of this paper,which involves the research background,the main content and the significance of this system,and summarizes the whole paper in the conclusion.In addition,the text mainly includes four aspects:In the first part,the author summarizes the shareholder preposition procedure and representative action system,and then discusses the value of preposition procedure.In the second part,the author discusses the laws and regulations related to the shareholder preliminary procedure and the representative lawsuit system in China,and expounds the current situation of the system in detail.At the same time,by referring toexamples,the author points out the defects in the preliminary procedure of the shareholder representative lawsuit in China,hence laid the basis for further improvement opportunities.In the third part,the prepositive procedures of other countries are introduced and compared.The fourth part,aiming at the problems existing in the procedure of shareholder's representative action and the deficiencies in legislation,puts forward the corresponding Suggestions.To sum up,in four parts of this paper,and probes into the preliminary procedure of the shareholder's representative lawsuit in China,hoping to give some help in the construction of the preliminary procedure system.