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Front of shareholder derivative litigation procedure

Author: ZhangGuoFen
Tutor: WangZhiHua
School: China University of Political Science
Course: Legal
Keywords: Shareholder derivative litigation Pre- program Shareholder Relief Independent personality
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 101
Quote: 1
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Abstract


Front shareholder derivative litigation procedure is an important part of the program on the brunt physically embody the \China's current \This study aims to compare USA and Japan through legislation and theory, pre- litigation procedure for deriving the system itself and its analysis of the current situation in our country and reflection , and some suggestions . Thus, the research method inevitably adopt a comparative approach . In addition, the system determines the value of the institutional framework of direction , so the value analysis method will also be used throughout the text . From the content , this article by the introduction, body and conclusion of three parts. Introduction elicit some of the major topics of this study lies, and explain the purpose and significance of writing . Body part is structured as follows : Chapter shareholder derivative litigation pre- program overview. This article first introduces the concept of shareholder derivative litigation system , history and values, on the basis of pre-procedure leads to its concept , nature, status as defined. Then in the pre- litigation procedure detailed analysis of the derived theoretical foundation set after stating that the significance of pre- program . Then discuss shareholder derivative litigation front loader that were based on \In addition , the chapter that in system construction , how to balance the benefits and protection of the rights of shareholders independent personality , independent business judgment is the full text value conflicts between the core issues discussed . The second chapter discusses procedures for shareholder derivative litigation front body , including the \In the \requirements, shareholding ratio requirements, etc. to make analysis and reflection. United States and Japan in his discussion of the legislative process will be integrated into one , and insert some relevant specific issues. In the \interpretation of the law and legal transplants perspective on specific issues to think . The third chapter covers pre- program implementation and results of three aspects of immunity . Focuses on the issue in the implementation of pre- program application content, form and duration . The exemption issue, first discusses the value of the waiver system , and then analyzes the US-Japan status of legislation in order to \Outcome of the procedure in front on the issue , the first results of the different types of lists , and then focuses on the company refused to prosecute the effectiveness of the decision by the legislation of the United States and Japan, analysis , combined with practical conditions for the practice of law for evaluation. Finally the concluding section , summed this point of view.

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