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The Research of Shareholder Representative Lawsuit to Pursue Equilibrium between Efficiency of Company and Shareholders’ Interests

Author: WeiWei
Tutor: ZhangXiaoYong
School: Beijing Jiaotong University
Course: Economic Law
Keywords: Shareholder representative lawsuit The efficiency of company Shareholders’ interests Business judgment rule Equilibrium
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 160
Quote: 1
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Abstract


Shareholder lawsuits based on the UK, mature in the United States, after introducing by Germany and other civil law countries.China’s article 152 of "Company Law" also provides a shareholder lawsuit system in order to make it easier for shareholders filing suit on behalf of corporate interests.However, China’s company law regime in the shareholder lawsuit is different. On the one hand, China is mainly taken by shareholders as the central doctrine of the corporate governance structure, and has a "tired of complaints" traditional judicial tradition. On the other hand, efficiency in the maintenance of the company and its minority shareholders to protect the equity side, China has its own characteristics. Shareholder lawsuits on the one hand, it helps to mobilize shareholders rights awareness, they protect their own interests by promoting the improvement of corporate governance. However, it is the possible to abuse of a right of action on behalf of shareholders to file to hinder the company’s operation representative action, then the company struggling with the loss of efficiency. Therefore, in order to be on behalf of the shareholders and achieve the objective of action, the protection of interests of the company, and then view the company behind the protection of shareholders, especially minority shareholders interests; on the other hand, judicial intervention in the company should pay attention to the intensity and extent, we directors to be reasonable maintenance free operation management, full play to the directors and other management personnel of business intelligence, so as to realize the company’s efficiency.The main purpose of this paper is based on shareholder lawsuit dual mission requirements, through the study of comparing the legislation and its corporate efficiency and Protection of Small Shareholder equilibrium of the model.Then, through introducing commercial principles to judge, I want to find the Chinese model which can explore the efficiency and maintenance of the company and its balance between the protections of small shareholders under the China company law context. The research method combined the theory and practice, by comparing the method, the use of system to explain the purpose of interpretation, historical interpretation and the literal interpretation methods to explore the Chinese model which is on behalf of the shareholders litigation. In this paper, the masterstroke is about the efficiency of company and protection of the interests of small shareholders, I rationalized the main elements of the shareholder lawsuit system and thus, in order to benefit the judicial practice.

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