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On Shareholder Derivative Litigation System and Its Improvement in China

Author: WangGuoBing
Tutor: XuZuo
School: Jilin University
Course: Legal
Keywords: Shareholder derivative action Draw Perfect
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 146
Quote: 1
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Abstract


Shareholder derivative litigation (Shareholder Derivative Litigation), also known as shareholder representative action (Shareholder Representative Litigation) , when the interests of the company by others , especially by the controlling shareholders , directors and other senior management personnel and other violations , the company indolent investigated infringement of human responsibility when shareholders meet the statutory requirements in its own name for the interests of the company proceedings against people , be held to infringe liability litigation system . October 27, 2005 by the new \has a very important significance . However , the provision also exists too simplistic design of the system , in practice , easily lead to the internal relief mechanism can not take full advantage of causing malicious litigation and other defects . In addition , our shareholder derivative action in other areas , there are some drawbacks , such as has not been built yet related sound matching system , the incentives unsound and weak constraint mechanism . To solve these problems , we can study and learn from Britain and other countries of advanced practice , combined with China's national conditions , and improve our shareholder derivative litigation system , realize it negates the balance right to relief and abusive lawsuits , to not only safeguard the interests of the small shareholders of the Company , and can effectively safeguard the interests of the company , to ensure the normal operation of the company , to achieve maximum benefits .

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