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The Right of Action of the System of Shareholder Derivative Suit

Author: ChenShenFeng
Tutor: LiZuJun
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Shareholder derivative action The right to appeal Suit Rights Protection
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 215
Quote: 1
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Abstract


Shareholder derivative litigation, strictly speaking, when the company by the company's major shareholders, directors, supervisors, senior business executives and others against indolent or refused to pursue the civil liability of the infringing staff through legal means, a legally qualified The interests of the shareholders for the company and according to the lawsuit filed by the legal procedures instead of against people. China's newly revised \The provisions of the shareholder derivative litigation, will improve the level of corporate governance in China, and played an important role to protect the interests of minority shareholders. Shareholder derivative litigation right of appeal, the damage behavior of the directors of the Company, and the company did not hold or indolent investigated, legally qualified shareholders in accordance with the statutory procedures in their own name, to the interests of the company's litigation rights. The institutional significance is given to those who are able to maintain control of the shareholders of the company's interests and their own interests a right to judicial relief beyond the company's internal control. The cases against the interests of the company, the company authorities can not exercise or indolent in exercising the company the right to appeal, shareholder rights, especially the rights of minority shareholders will not be able to protect. Closely related to the interests of the company subject - Shareholders need to subrogation exercise of the company's right to appeal, and accountability for the people against the interests of the company, and the balance is seriously out of control of the corporate governance structure, shareholder derivative the Lawsuit therefore been established. Hand can safeguard the interests of the company, and thus indirectly to protect their legitimate rights and interests, and demonstrate the fairness and justice of the law; On the other hand, sanctions by the people against the interests of the company, you can improve the status and influence of minority shareholders, effective control and supervision of large shareholders and corporate management, thus contributing to the improvement of corporate governance structure. This article select start, then the connotation of the right to appeal the shareholder derivative litigation system and the protection of the right to appeal the Elements of principle shareholder derivative litigation system. Finally, a number of recommendations to improve our shareholder derivative litigation appeal protection. This paper is divided into four chapters. Chapter shareholder derivative action litigation principle. First, the definition of a shareholder derivative action; followed by analysis of the characteristics of a shareholder derivative action and shareholder derivative litigation with shareholders directly litigation distinction; shareholder derivative function litigation, shareholder derivative litigation system is the most important, The original function should be prior supervision function, and afterwards relief function can be said to be the direct result of this litigation system. The second chapter, shareholder derivative litigation appeal connotation analysis. First, from the right to appeal the connotation to start, and then analyzes the connotation of the shareholder derivative action appeal theorists the the entity shareholder derivative litigation right of appeal connotation and procedures connotation there is a different understanding, I from the two aspects of the doctrine representative introduces and analyzes that shareholder derivative litigation appeal entity connotation adopted shareholder rights program connotation broadly parties said more appropriateness. The third chapter, the author from the protection of elements of the right to appeal, the right of appeal in the shareholder derivative litigation protection elements. Shareholder derivative litigation protection elements, substantive aspects is the subject matter of litigation procedures means the parties eligibility and Suzhiliyi of. The fourth chapter, the author analyzes the problem of the protection of our shareholder derivative litigation appeal, and then put forward some recommendations from the following four aspects: first, before the shareholder derivative perfection of the system of the subject of litigation; shareholder derivative litigation set the program's perfect; establishment of secured third shareholder derivative action litigation expenses, compensation and compensation system; Fourth, the establishment of the shareholder derivative litigation reconciliation and withdrawal system. I hope to be beneficial to the protection of the right of appeal of the shareholder derivative action in China.

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