Study On The Qualification Of Plaintiff In Civil Public Interest Litigation Of Social Groups In China

Shareholder delisting system refers to the system that shareholders can be delisted from the company in accordance with legal procedures in case of specific reasons such as shareholders’ failure to fulfill their capital contribution or shareholders’ flight of capital contribution in a limited liability company.Generally speaking,when a shareholder fails to fulfill the obligation of capital contribution and other reasons that can be removed,the company can remove him from the list,and there is no need to solicit the opinions of the shareholders,and there is no need for the shareholders to cooperate in the delisting procedure before he can be removed from the list.When the company passes the convening of the general meeting of shareholders,once the resolution is made,the qualification of the shareholders will be deprived immediately.The serious capital contribution problems of shareholders of limited liability companies lead to serious damage to the company and affect the legitimate interests of the company and other bona fide shareholders.The implementation of the shareholder delisting system can better help the company eliminate obstacles and get on track from difficulties.Although this system has been stipulated in Article 17 of the judicial interpretation(III)of the company law at the present stage,due to the lack of refinement,there will still be many problems and impasses in the operation of judicial practice.The main body of the paper is divided into four parts.The first part of the paper mainly launches the paper through a typical and particularly general problem about the judicial practice caused by the lack of refinement of the shareholder delisting system in recent years.The case mainly expounds the judicial review standard of the effectiveness of the company’s shareholder delisting resolution,that is,the delisting cause of the substantive elements must be legal,and the procedural elements must include pre procedure and delisting resolution.The second part of the paper systematically expounds the concept,theoretical basis and institutional function of the shareholder delisting system,expounds the legislative status of the shareholder delisting system of limited liability companies in China,analyzes the current situation of the shareholder delisting system in China,finds the disadvantages of the system,and theoretically finds the theoretical and normative dilemma of the delisting system at this stage.The third part of the paper compares the advantages and disadvantages of other countries and our shareholders’ delisting system by comparing them with other countries.In the last part of the paper,there are still some problems in the procedure and entity of China’s shareholder delisting system proposed in the previous article,such as being only involved in the judicial interpretation,the reason for delisting is too narrow,the delisting procedure is obviously illegitimate,the delisted shareholders lack the right of relief,and the provisions on the consequences of delisting are not rigorous.In view of the problems,it is clear that the improvement of the delisting system of shareholders of limited liability companies should follow the principles of balance,due process and prohibition of abuse of rights;In terms of entity,the shareholder delisting system must further clarify the subject of the exercise of shareholders’ delisting rights,the subjective elements of the delisted shareholders,the reasons for delisting and the effectiveness rules;In terms of procedure,we should further improve the rules of reminder procedure,voting procedure,judicial relief of delisted shareholders and the rules of the exercise period of shareholders’ delisting right through legislation,in order to put the relevant improvement suggestions into practice through China’s legislation as soon as possible.