Consummation Of The Shareholder Representative Litigation

The shareholder on behalf of the lawsuit system was considered that is maintains the young shareholder rights and interests the powerful weapon, our country revises" corporation Law" in 2005, had stipulated for the first time the shareholder represents the lawsuit system, and starts to utilize in the judicial practice. However, system's construction is also at the start stage, many links wait for further detailed. Because experiences the insufficiency, in the concrete system construction, the article stipulation appears too conservative, some important questions have not performed to stipulate, lacks the feasibility. Mainly displays in:Represents the lawsuit plaintiff qualifications regarding the shareholder the stipulation to be not very explicit, case's litigation expense, the jurisdiction, in company's status as well as the lawsuit possibly occurs is concerned bilateral questions and so on reconciliation not to make stipulated explicitly, can not but say is one kind of regret. Comparatively speaking, in the US, Japan and so on developed country's law of corporation system, appears about the shareholder on behalf of the lawsuit system's stipulation mature many, regardless of being the legal stipulation, the court trial practice, these countries gained in the rich experience. As a system's learner, in our country in the future law of corporation perfect process, should study related national earnestly the valuable experience, and unifies own actual national condition to improve and the enhancement. Because the shareholder was still at the introduction promotion stage on behalf of the lawsuit system in our country, needs the loose social environment to promote this system utilization in reality, gives legal the further consummation to provide the practice basis which may the capital use for reference. This article will embark from this standpoint, discusses in our country new law of corporation to involve the shareholder emphatically to represent the lawsuit system's concerned requirements insufficiency, through to other national in this system legislation and judicial practice analysis, excavation conforms to the law of corporation law of development, simultaneously conforms to our country society actual system, how based on this to consummate our country shareholders to put forward the legislative proposal on behalf of the lawsuit system.The full text altogether divides into three chapters:The first chapter introduced that our country shareholders represent the lawsuit the present situation, including legislative present situation and system construction situation; The second chapter analyzed our country shareholders to represent the lawsuit system existence the deficiency, including judicial idea's realistic unfairness, the plaintiff qualifications not the feasibility, the pretage procedure rough as well as the litigation expense system was short and so on questions. The third chapter proposed emphatically in profits from the advanced countries the legislation and in the trial experience's foundation, performs the refinement to the deficiency to be perfect.