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The Regulation of Corporation Law on Shareholder’s Derivative Suits

Author: WeiWeiQiang
Tutor: ShenGuiMing
School: East China University of Political Science
Course: Legal
Keywords: Representative action Functional analysis of Legal Regulation Perfection of the Law
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


Along with the development of the securities market, the scale of operation of the company gradually expanded, company ownership and the right to operate in a broader context, a deeper degree of separation. In addition to the controlling shareholder, the shareholder control over the company run operation gradually weakened, the continuous expansion of the powers of management of the company. However, any stakeholder has its own interests to pursue, directors and other business management is no exception. Improper interests of the directors in recent years, abuse of operational control, damage the interests of the company behavior uncommon, and the directors of the Company can not be prosecuted on behalf of the company's own request yourself from the company returned to the company. Therefore, the common law countries gradually revised Foss rules and shareholder representative action in order to protect the company and the interests of minority shareholders. Four parts representing the shareholders of the analysis of the legal basis of the Rules and Regulations of the litigation company systematically expounded the value and role of Shareholder Representative Litigation System, and draw on the basis of the Anglo-American Company Act of bettering our shareholders on behalf of the litigation system, the insights. The article function of the first part of the litigation on behalf of shareholders as the starting point, represent the functional analysis of the litigation by shareholders, a brief introduction to the shareholder representative lawsuit History and characteristics of modern company law, and resolve the causes of the shareholder representative suit. After that, I passed a shareholder representative action positioning in the Companies Act, on the shareholder representative action should be the legal basis by the Companies Act. Second part from the shareholder representative action plaintiffs, the relationship between the defendant and the company, and status, the scientific analysis and theory of plaintiff qualification, and the restrictions imposed by the law on the plaintiff qualification, impose restrictions The reason to make the corresponding explanations and instructions. The article also corresponding description of the status and nature of the defendant, shareholder representative action in order to achieve a more comprehensive resolve Shareholder Representative Litigation System. The third part analysis shareholder representative litigation recent developments and their impact on the Companies Act, and common law countries, legal science. After This section also briefly describes the causes of the above phenomena and the Companies Act of coping strategies, open up wider horizons for the study of Law in China. The fourth part in the first three parts of the theoretical basis of the analysis, combined with China's \of tedious research. Finally, the part of the court rejected the shareholder representative action attitude corresponding analysis, and improve the provisions of the Law in China on the basis of reasonable draw on the Anglo-American Corporation Law, the insights.

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