Problems And Improvement Of Shareholder Representative Litigation In Judicial Practice

The shareholder representative litigation system originated in Britain.In 2005,China established the shareholder representative litigation system through the amendment of the company law.With the introduction of judicial interpretation in succession over the past decade,the system has been gradually improved.It plays a significant role in safeguarding the company’s legal rights and interests,supervising the company’s operation order and improving the company’s legal system.With the development of social economy,problems and disputes between shareholders and companies are increasing,Exceptions include unclear legal provisions on the subject qualification of the plaintiff,the form of the defendant’s liability,and the legal status of the third party.At the same time,there are some problems such as too demanding requirements of plaintiff’s qualification,unreasonable distribution of burden of proof,imperfect litigation guarantee system and lack of motivation of shareholder’s lawsuit.Through judicial practice,this paper finds the existing problems of the shareholder representative litigation.Analyze the problems and put forward reasonable Suggestions,such as unifying the trial standard,establishing the litigation incentive system,establishing the defense mechanism for abusing shareholders’ litigation rights,and establishing the punishment mechanism for shareholders’ abuse of litigation right,so as to make the shareholder representative litigation itself more perfect,the legal provisions more clear,in the trial practice more operable,in order to better protect the interests of the company,protect the interests of small and medium-sized shareholders,guide the shareholders to exercise their rights correctly.