A Study On The Construction Of The Legal System Of Dual Representation Litigation Of Shareholders In My Country

China is in the process of the development of enterprise collectivization.The traditional single system of shareholder's representative litigation is ineffective in safeguarding the interests of the company and shareholders.The dual representation system of shareholders has not been established in the legislation of our country.Therefore,this paper takes the shareholder dual representative litigation system as the research object and designs the structure of the system.The first part discusses the basic theory of the dual representation litigation system.The function theory thinks that the system has the function of deterrence and compensation.The second part analyzes the applicable conditions of the shareholder dual representative litigation system.Firstly,the negative list is set to exclude meaningless representative litigation.Secondly,in the definition of the scope of the parent-subsidiary company,it is more appropriate to adopt the full holding standard in China.The third part discusses the proper subject of the shareholder's dual representative litigation.First,the parent shareholder is the subject of a dual-representation suit.Secondly,this paper discusses the subject qualification of the plaintiff from the general situation,share exchange,share transfer and other special situations,and takes the shareholding period and shareholding ratio as the judgment criteria for the suitability of the plaintiff.To limit the scope of the defendants to the directors of major subsidiaries and third parties.Finally,it is more appropriate for the parent company and other shareholders to participate in the lawsuit.In the fourth part,the preposition procedure of the system is specifically designed.This paper analyzes the advantages and disadvantages of the four preposition procedure modes in detail,and requests and notifies the parent company mode to the subsidiary to protect the interests of the subsidiary and the shareholders of the parent company.The fifth part discusses the litigation cost guarantee rule and mediation rule in the dual representative litigation system.It is necessary to set up the litigation cost guarantee rules because the cost of the parent shareholder to file the double representative lawsuit is small,which increases the risk of the malicious lawsuit.In the mediation of shareholder dual representative action,after the resolution of the shareholders'(general)meeting or board of directors of the subsidiary is passed,the court shall review the mediation agreement and confirm its effectiveness.