Shareholders On Behalf Of The Litigation System To Study

The main purpose of This thesis is to construct the system of shareholder representative action. Through the method of comparison and analysis , it introduced and compares the system of shareholder representative action of the British & American legal system and the mainland legal system as well as the production and the development of SRA in our country.The thesis elaborated on the elementary theory,analyzed legal principle theory of law basis,the legislation value and the necessity of establishment of our country. Through comparing foreign and the local legal system such as US,Japan,etc,the thesis revolves on the domination rule,the litigant problem,the lawsuit reconciliation and withdrawing, the legal consequence on SRA, the prevention of abusing, and so on. The thesis provide some legislation suggestions on the construction of the SRA. The full text altogether can be divided into three parts: introduction,the main text,the concluding remark. Main text is included five chapters.First chapter elaborated on the elementary theory of shareholder representative action.It introduced the concept and the characteristic shareholder representative action.It contrasted the SRA with the shareholder direct lawsuit,other shareholder representative lawsuit,and the obligee's lawsuit of subrogation respectively , examining the production and the development of SRA in the British and American legal system and the mainland legal system.Second chapter discussed the shareholder to represent the lawsuit the theory basis. First,proposed the Japanese educational world three main opinions. Next,through to three opinions appraisals and the generalized analysis,elaborated from the legal principle theory of law the shareholder represents the lawsuit most basic theory basis.