Research On The Pre-procedure Of Shareholder Derivative Lawsuits

In 2005,Article 151 of the Company Law of the People's Republic of China stipulated the shareholder derivative action,which was the first time for this system to appear in the legal norms.However,China's regulation of this mechanism with only this legal provision is inevitably a little weak.Through research,it is found that the existing shareholder derivative action system in China still has some defects to varying degrees in terms of the Angle involved in the legislation,and the aspects not involved in the law still need to be improved continuously.This article is mainly aimed at shareholder derived litigation of prepositional procedure to carry on the study and interpretation,at the same time,to take part of the Chinese and foreign comparative methods,put forward his own Suggestions,so that the preceding procedure as an integral part of the shareholder derivative litigation,for good operation of the whole mechanism of shareholder derivative litigation,play its biggest role.This paper mainly focuses on the following aspects:The main content of this paper is a comparative study of the preliminary procedure of shareholder derivative action,and the main content is the introduction and problem analysis of the preliminary procedure of shareholder derivative action in China.The last part is corresponding to the theoretical and practical status quo of the preliminary procedure of shareholder derivative action in China,put forward suggestions for improvement,and summarize the existing deficiencies in China and the provisions of the United States that are worth learning.The first part is the origin and research significance of the problem of shareholder derivative action preliminary procedure.This part focuses on analysis of practice and ideas in the judicial practice in our country,and 2019 cases in the proceedings of the Supreme People's Court case chang-chun zhou,Zhuang Shi China investment co.,LTD.,damage the interests of the company responsibility dispute criminal civil verdict,and in recent years,the latest involves shareholder derived litigation prepositional procedure of typical case analysis,it sums up the present the characteristics of the prepositional procedure in our country,in this paper to study the problem,namely our country present shareholder derived litigation prepositional procedure what're the problems in theory and in practice,by comparison with the United States can draw lessons from and what are the perfect content.The second part starts from the research status of the pre-procedure of shareholder derivative action,and focuses on the analysis of the existing problems in the pre-procedure of shareholder derivative action in China,as well as the reasons for these problems.This part mainly makes a partial empirical analysis on the judicial practice of the pre-procedure of shareholder derivative action in China,and then studies the deficiency of the current provisions in China from the theoretical aspect.At the same time,it also introduces and analyzes the provisions of the preliminary procedure of shareholder derivative action in the United States,so as to make a direct comparison between the two.Thus,the next part gives suggestions for improving the current situation of the preliminary procedure in China.The last part is a summary of the relevant provisions on the preliminary procedures of shareholder derivative action in China.China's legal system is different from the Anglo-American legal system,and the legislative environment is also different.Although the shareholder derivative action is a transplant of the Anglo-American legal system,it must be changed to adapt to China's national conditions.After our country has used this system for reference,what problems still exist and arise in theory and practice are the focus of our attention.On this basis,through the analysis and summary of the foregoing,it is more reasonable to put forward suggestions to improve the preliminary procedure of shareholder derivative action in our country.Of course,due to the limitation of the author's research ability and research conditions,the opinions and suggestions in this paper inevitably have shortcomings,so as to cast a brick to attract jade and study together.