A Study On The Qualification Of The Plaintiff In The Shareholder Representative Litigation Of Joint Stock Company

Due to the relatively strict requirements on the period of shareholding and the shareholding ratio of a joint-stock company in terms of the qualification of plaintiffs to file a shareholder representative lawsuit in my country’s laws,and the shareholding ratio and shareholding time are relatively single and fixed,the singleness of the law cannot keep up with the judicial practice.Issues arising from the qualifications of plaintiffs in shareholder representative lawsuits.The shareholders of large-scale jointstock companies are relatively scattered,and the shareholding ratio of small and medium shareholders is very low.In the face of large listed companies,it is still difficult to achieve a shareholding ratio of 1%.The shareholding ratio regulations are too single and cannot be adapted to Chinese companies.The needs of scale diversification should be divided according to the size of the company,and different shareholding ratios should be set.Strict restrictions on the holding time and shareholding ratio of plaintiff shareholders in shareholder representative lawsuits and no exceptions make it difficult to deal with special situations that may arise in judicial practice.The joint-stock company did not learn from the foreign ownership of the same period,which may lead to the malicious action of buying shares after the occurrence of shareholder infringement to achieve the purpose of seeking illegitimate interests.And there are also problems in judicial practice regarding the identification of plaintiff qualifications in shareholder representative lawsuits,such as how to determine the plaintiff qualifications of anonymous shareholders,whether creditors have plaintiff qualifications,and whether shareholders who have not undergone industrial and commercial registration changes have plaintiff qualifications.It is worth discussing the qualifications of plaintiffs in shareholder representative lawsuits.By summarizing judicial cases,we can summarize how to solve the problem of identifying qualifications as plaintiffs in shareholder representative lawsuits in judicial practice.For the above issues,learn from foreign experience,relax the restrictions on the qualifications of plaintiffs,clarify the scope of plaintiffs and shareholders in shareholder representative lawsuits,make subjective goodwill provisions,promote the development of shareholder representative lawsuits in China,and find a balance between encouraging litigation and coordinating indiscriminate litigation.balance point.