| The main purpose of the thesis is to construct the system of shareholder's representative action. Through the method of comparison and analysis, it introduces the system of shareholder's 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 elaborates on the elementary theory, studies legal principle theory of law basis. Through comparing and analyzing foreign and the local legal system such as US, Japan, etc, it revolves on the litigant problem, the pre-requisite procedure, the security for expenses, and so on, then provides some legislation suggestions on the construction of the SRA. The full text is divided into four chapters.The first chapter is about the basic question of the representative action. It introduces the legal history and the meaning of the representative action. Then beginning with the difference between the shareholder's direct action and representative action, it probes into the concept and the nature of the representative action.The second chapter discusses the theory basis of the shareholder to represent the lawsuit. From the angle of substantive laws and procedural laws, it analyses the theory of right of action about the shareholder's representative action.The third chapter studies the legislative cases of the representative action in Anglo-American and Continental law systems. It takes the United States and Japan as examples of legislation, involves the domination rule (including plaintiff's qualifications, defendant's confirmations, other shareholders'legal statuses, company's legal status) and other procedures (including the pre-requisite procedure, the security for expenses).The fourth chapter probes into the representative action in our country. It introduces the development process of representative action, evaluates and analyses the established system in new company law, and makes recommendations to further perfect the system. |
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