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Study on China’s Shareholder Derivative Suits

Author: HouHaiYan
Tutor: CaiLiDong
School: Jilin University
Course: Civil and Commercial Law
Keywords: Shareholder derivative action A joint action Group litigation Litigation justice The effectiveness of the proceedings
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 257
Quote: 0
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Abstract


The amendments to the Law of the People's Republic of China in 2005 for the first time in our country in the form of legislation to establish a shareholder derivative litigation system , the system is bound to play an important role in the protection of the interests of minority shareholders and to oversee the management of the Company . Shareholder derivative litigation both dual characteristics of subrogation and representative , and their use of litigation is necessary to ensure the fairness of the proceedings , and that the plaintiff can fairly and adequately represent the interests of the company and other shareholders of the company , but also to ensure the efficiency of the proceedings . In judicial practice , taken action filed a shareholder derivative action is a complex and important subject . This Law in China does not require a specific litigation , and a joint action under the Civil Procedure Law of the People 's Republic of China , \will result in shareholder derivative litigation proceedings justice and litigation efficiency goals can not be achieved plight . The American the Group Litigation way provisions plaintiff fairness and representative of the general requirements , while using the pro forma Group , the parties express exit \mechanism.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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