Study Of Multi-Litigation System In Public Enterprise Governanace

As we all know, the development history of company law is the history of litigation, which means various social relations to be settled through litigation, especially in the govemance of public enterprise. In this paper, theoretical analysis, comparative analysis and normative analysis are used, and by using those methods, the paper studies the necessity and the feasibility of construction of multiple litigation system and the specific system arrangement according to the characteristics of public enterprises.The multi-litigation, with multiple subjects as the derivative litigation subjects, is brought by enterprise for the profit of the enterprise. To build the multi-litigation is the special requirement of the public enterprise management. Characteristics of public enterprise's property rights contribute to great difficulties in supervision and govemance. The fundamental reason is that under the condition of the public ownership, it can not be managed well without the owner's concern, which causes public corporate alienation of govemance.On one hand, the interests of relevant subjects will be seriously unbalanced; on the other hand, the public enterprise assets are seriously damaged. One concern is that some certain monopoly public enterprise governance diverse from the road of public nature. In the pursuit of maximizing the interests of a special group, they are showing the cost of the maximum external or public of the characteristics. All this alone improve their internal management structure has not been resolved possibly. From supervision aspect, the owner (and their representatives) supervision is not impossible to solve the problem. And shareholder derivative litigation system as a litigation system of the result of balance could play the role of supervision and balance in the administration. But public enterprise ownership structure makes the particularity uniform derivative litigation play a limited role. As a result, it is necessary to build the multi-litigation.From the angle of governance, as an external control mechanism, the establishment of the multi-litigation system in the public enterprise is necessary. From the broad meaning of management, governance is not merely the perfect of internal management body, but also a systematical work which involves internal and external governance. And litigation mechanism is an important mechanism for external governance. A deeper understanding of the essence of governance is not a simple supervision and balance, but through supervision and balance to ensure enterprise cientific operation through scientific decision-making, thereby ensuring the interests of the main business interests. This is the ultimate goal of management.Thus, the subjects of governance also develop from the traditional shareholders to the related subjects including workers, creditors, and users. The diversification is of the requirement of the specialty of the public enterprise governance. Only the multi-litigation which multiple subjects involved can be resolved the difficult situation which result from the miss of public enterprises shares-holders and attain the purpose of against the actual controller of the enterprises and can achieve derivative litigation system balance and supervision. The function and affection of the multi-litigation system makes the great demand for it by public enterprise governance. From stakeholder govemance theory, the modem theory of the litigant right, in particular the parties appropriate theory, different nations' legislative practice, and the broken-window theory, the paper provides theoretic ground and practice for the feasibility of building the multi-litigation system and the legitimacy of the multi-derivative litigant right.On that basis, this paper defines the special stakeholder of public enterprise-----shareholders, government, workers, creditors, monopoly public enterprise's user and tax-payer. From the subject aspect, a multilitigation system which includes 3 systems, 4 arrangements, 9 specific litigation systems is built. The three systems are: subject litigation system, stakeholder litigation system and tax-payer litigation system. This paper studies the special issues in subject litigation system; studies the necessity and the feasibility of leading the tax-payer litigation system into public enterprise governance. As to the realization of litigation system in legal practice, the author thinks the best way to realization in legal practice is to make a new law and lead the multi-litigation system into the public enterprise laws.The author also focuses on exploration of the value of the multilitigation system and basic principles of the structure. The value of the multi-derivative litigation system is to realize the equity of subjects' interest and offer the systematic safeguard for economic democracy. To achieve this target of value, the system constructed to uphold the principle of economy and the principle of efficiency and the principle of safety. The specific system issues and procedure of the multi-litigation system are based on the said principle. The fundamental purpose is to enable the multi-litigation system--as a way to participate the management of stakeholders and as multiple subjects' way to supervise on public enterprise through legal channels to achieve better system function.