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On the Shareholder Representative Litigation

Author: WangYuLi
Tutor: LiuJiaAn
School: China University of Political Science
Course: Economic Law
Keywords: Representative action Major shareholders Slave company Plaintiff Litigation Company Law The interests of the company Litigation system Defendant Shareholder representatives
CLC: D915.2
Type: Master's thesis
Year: 2005
Downloads: 233
Quote: 3
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Abstract


The shareholder representatives litigation Companies Act the most unique in the field of a litigation system . Indolent or refused to exercise its right to appeal the case in the company have been violated because of various reasons , the Shareholder Representative Litigation System for the protection of shareholders , in particular the rights of minority shareholders , providing one of the most effective remedies . Majority shareholders , especially minority shareholders happy for the Company and the Shareholders as a whole , and not just for personal gain , the company's operating management oversight , which company managers to prevent abuse of management rights against the interests of the company and shareholders . Shareholder representative suit and other litigation system distinction , discrimination, and stressed the necessity and importance of the shareholder representative action exist . And shareholders on behalf of a party to the proceedings , the litigation position of the company as well as other shareholder litigation position analysis , stressed the significance of confirm dual shareholder litigation . Although the shareholder representative action has an important role , but there may be individual shareholders for personal gain , abusing the shareholder representative action interfere with normal operation and management company , or conspires with the defendant directors to obtain improper benefits from litigation . National laws in order to prevent the above phenomenon , has designed a variety of constraints mechanism litigation on behalf of shareholders , as the qualifications of the plaintiff shareholders , pre- program , the cost of litigation guarantee reconciliation review and approval . Shareholder Representative Litigation System to play its due role , to dispel the shareholders filed on behalf of the litigation concerns , it is necessary to learn from the experience of other countries , the establishment of appropriate the shareholder representatives litigation incentives . As : given the shareholders a direct repayment rights , litigation costs compensation system as a shareholder representative suit non-property litigation to treat . Finally, the author of our shareholders on behalf of the litigation system design idea , put forward a legislative proposal .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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