Research On Legal Issues Of Dual Shareholder Representative Litigation

With the development of corporate grouping,China's shareholder representative litigation system has been unable to meet practical needs.The dual shareholder representative litigation system originated in the United States and has been developed in Japan and South Korea.At present,China does not have a special system to protect the interests of the shareholders of the parent company,and there are insufficient protections for the interests of the shareholders of the parent company.The corresponding system should be improved.Article 31 of the "Regulations on the Application of the" Company Law of the People's Republic of China "(IV)" issued by the Supreme People's Court in April 2016(draft for comments)Expansion interpretation of the provisions of the representative litigation system.However,the "Judicial Interpretation IV of the Company Law of the People's Republic of China" issued at the end did not mention the dual shareholder representative litigation system.This article will study the legal issues of dual shareholder representative litigation through five chapters.First,it explores the purpose and significance of establishing the system,and discusses the research status and research methods of dual shareholder representative litigation at home and abroad.Second,it focuses on the basic theory of the system in Chapter 1,and clarifies the relationship between shareholder representative litigation and the system.In chapter two,the theory of dual shareholder representative litigation is theoretical,including positive ones such as the common control theory and trustee theory,and negative ones such as the violation of the theory of concurrent ownership;in chapter three,the US and Japanese institutions are analyzed.The institutional systems of the two countries have found a place worthy of reference in our country;Chapter 4 will use cases to illustrate China's urgent needs for the system.The last chapter is based on the introduction and the content of the above four chapters,and specifically designs the dual shareholder litigation in China.