Shareholder Representative Litigation System Design Thinking

This article consists of 5 parts.The first part is the introduction of Shareholder's RepresentativeAction system which mainly focuses on some basic issues such asrelevant concepts, origin of the system and its practical significance.The second part demonstrates my analysis of and meditation onShareholder's Representative Action system's designing philosophy.Since this article fundamentally aims to put forward some supplementaryproposals on Shareholder's Representative Action system, rationalizationanalysis of its designing philosophy is a prerequisite. This article holdsthat "equity" is the guiding thinking for designing any system. Equityrefers to not only the abstract concept which is purely rational, but alsopractical equal interests among all parties. System designing is more thanhalf done if equity is reached.The third part discusses the issue of how to use for reference othercountries' Shareholder's Representative Action systems. Under marketeconomy, different country's economy basically shares samecharacteristics though there are also different features of each own. Theextended legal system experience accumulated by some developedcountries during their hundreds of developing years is undoubtedly afortune. Compared with those developed countries, our country's marketeconomy started much later, so it is necessary for us to learn from other'sShareholder's Representative Action systems. It could be observed byexamining other's Shareholder's Representative Action systems that theissue of equity is put much emphasis on by the law.The fourth part states my meditation on our country's systemdesigning. This part is divided into 2 smaller sections. The first specifiesthe ideas we should follow when designing Shareholder's RepresentativeAction system. The second points out what is to be bettered, and offeredsome proposals.The fifth part, also the conclusion, expresses the same ideas as theabove in another way: under the guidance of rational equity, by means ofdesigning various systems, seek balance between minority protection andcompany's proper operation.