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A Study on the Lawsuit System of Shareholder’s Representative

Author: CuiYaNan
Tutor: WangFengChang
School: Jilin University of Finance and Economics
Course: Civil and Commercial Law
Keywords: Shareholder Representative Litigation Plaintiff main qualifications Defendant range Company status Litigation Guarantee
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract


Shareholder lawsuit , also known as shareholder derivative litigation , it is with the modern corporate system development and improvement of litigation arising from a mechanism , but also to make up for the defects of the corporate governance structure necessary means to remedy deficiencies is an important Act regime . First shareholder lawsuit in the United Kingdom law, and in the United States to fully develop , the Anglo-American countries has become a mature and proven system , was gradually accepted by civil law countries . Shareholder Representative Litigation System has two functions , namely prior suppression and relief afterwards : suppression in advance , shareholder lawsuit within the company who is defensive offense , an important means of deterring violations ; relief in hindsight , Shareholder Representative Litigation help to protect the company , minority shareholders and creditors of the company 's interests. Therefore, the company engaged in the daily business activities of the firm must consider the legality of their actions , to avoid the shareholder representative action pursue their wrongful liability. Now, the majority shareholder representative litigation system and prevention of shareholders oversee the company the right to operate the abuse of the most important means of relief and prevention , and most countries have been recognized by the Commercial Legislation . Since our Shareholder Representative Litigation System in the early stages of development , shareholder representative litigation system are still many deficiencies and defects , and therefore draw on overseas mature system , combined with our judicial practice in the case , the paper that requires shareholder representative plaintiffs subjective impartiality fully representation, the plaintiff's range has increased by substantial shareholders , limited the scope of the defendant and consolidate the company 's position in the system , etc., to improve our shareholder representative litigation system is necessary .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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