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Litigation on behalf of our shareholders System

Author: ZhangWen
Tutor: DuanWei
School: Central University for Nationalities
Course: Legal
Keywords: Shareholder Representative actions Procedural law Substantive law
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 35
Quote: 0
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Abstract


The establishment of the legal system is important with the development of social life consistent with the actual needs, in real economic life, the company's management due to the traditional constraints of the majority rule, large shareholders in corporate governance occupy an absolute advantage in the process of , which also led to major shareholders to use its capital advantage against other minority shareholders and the interests of the company's case already happening. Shareholder Representative Litigation System began in the United Kingdom, after the full development in the United States, France, Canada, Japan, China Taiwan and many other countries and regions in both the Commercial Law or the Companies Act provides for the system. Despite the Shareholder Representative Litigation System in Britain, America, Japan and other countries already relevant legislation, but in our country a very long time shareholder representative litigation system has been at the theoretical stage, only just direct right of appeal against the direct protection of shareholders' interests. Currently, the shareholder representative litigation system has become an important part of modern company law, corporate governance structure to make up for deficiencies become a necessary means to protect the interests of minority shareholders in playing an important role in many countries and regions have established in the Act this system. Shareholder Representative Litigation System in China through gradual exploration and research, in 2005 the new \New \did not make further requirements, there are some provisions also not perfect, the lack of specific operational. It is necessary to use certain methods for further study of the relevant issues in order to better improve our Shareholder Representative Litigation System. Text of the article is divided into three parts, the first part of litigation on behalf of the shareholders were general introduction, the text focuses on the second and third parts, respectively, from the perspective of procedural law and substantive law perspective Shareholder Representative Litigation System combined with the existing provisions of the legislative experience of other countries in a comparative analysis summary of the pre-procedure, determine the identity of the parties, the proceedings instituted, charging, mediation, compensation, withdrawal, and other practical implementation of the operational level 11 to do the analysis, and proposed own legislative proposals in order to better serve the regime legitimate interests of minority shareholders. In the current journal articles related to the shareholder lawsuit charging system, most of the ideas tend to learn Japanese Shareholder Representative Litigation relevant provisions of the scale fees on non-property cases, in order to facilitate the already disadvantaged minority shareholders to facilitate proceedings. For the company's litigation status, in accordance with China's traditional legal thinking, most researchers of the opinion that the company should be in the action in the third person without independent right position out, of course, this opinion also exists considerable controversy, but related aspects of the continuing exploration but also for the introduction of relevant judicial interpretation provides a strong theoretical basis. This article hopes to manipulate reality as a starting point, through the Shareholder Representative Litigation theoretical discussion, in the extended theory, based on the actual legislative, judicial interpretation and legal application to provide some useful guidance.

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