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Shareholder derivative litigation System

Author: JiaLiRong
Tutor: KuangAiMin
School: Central University for Nationalities
Course: Economic Law
Keywords: Shareholder derivative action Protection of interests of minority shareholders Comparative Review Suggestions for Improvement
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 53
Quote: 1
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Abstract


In the modern economy and society, the company has become the main form of business organization, financial and human resources by the law in the form of organic combination of operating under the norms of the legal system in the company, in order to achieve the maximization of resource utilization. Investors as shareholders investment company, look through the company's good operating gains, to achieve the goal of maximizing investment profits. Shareholders with limited liability and corporate personality independence are the two main advantages of the company, the company to a collection of fragmented social resources, centralized play resource efficiency important reason. Generally, shareholders just limited to their capital contribution, responsible for the company, the company enjoys a separate legal personality, independent of each other with the shareholders company features various authorities handling the affairs of a company, when the company's rights have been infringed, proceedings belongs company's right. However, the economic life of the company's operating activities is complex, especially after the transfer to the Board of Directors and management in the corporate center of power by the shareholders 'meeting, shareholders' rights, in particular the social problems of the minority shareholder's rights are not fully protected and relief prominent, large shareholders and board of directors and management to pursue its own self-interest, the damage to the interests of the company, while the use of the legal responsibility for the control of the company, refused to pursue the interests of the damage to the company's behavior, in this case, the law had to break through Corporate Personality of the principle of the independence of the interests of the company's access to the courts on their own behalf, shareholder derivative litigation system came into being to allow qualified shareholders. Most of the countries in the Companies Act provides that a shareholder derivative litigation system, China October 27, 2005, the Tenth Standing Committee of the National People's Congress the eighteenth 次会议修订 by the Company Law of the People's Republic of China (hereinafter referred to as the new Company Law \also the first time the shareholder derivative litigation system formally introduced China's legal system, which is a major breakthrough in our laws protect the interests of minority shareholders. But we should also see a new \This paper derived the focus of the litigation system content to shareholders through a comparative approach to the analysis and interpretation, combined with China's actual situation, shareholder derivative litigation system in China to build and improve the analysis and demonstration, put forward suggestions for improvement. This paper is divided into four parts, the first part of belonging to the basic principles of shareholder derivative litigation overview, including shareholder derivative action concepts and characteristics summarized shareholder derivative litigation with shareholders directly litigation to contrast and research History shareholder derivative litigation. Second part A Comparison of the advanced countries, regions shareholder derivative litigation system design. Shareholder derivative action, the parties, incentive mechanism, constraint mechanism and jurisdiction elaboration and analysis to for our shareholder derivative litigation system and improvement Mirroring. The third part of the China Shareholders Derivative analysis of the legislative status of the litigation system. Including legislative background and significance of the shareholder derivative litigation system, our new company law shareholder derivative litigation systems preliminary design. The fourth part is a number of recommendations to improve our shareholder derivative litigation system, including the recommendations of the party system improve and perfect the mechanism of constraint, improved incentives improve and jurisdictional issues.

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