On The Protection Of The Interests Of Outsiders In The Company Litigation Mediation

The company litigation refers to the company plays a role in a civil litigation which is brought by stakeholders depending on the company law or other laws. Although the commercial litigation has been incorporated into the civil litigation category under the traditional concept of civil and commercial integration, the commercial litigation requires the court to defend the stability of the company's operation and try to resolve disputes through conciliation.Court mediation in company litigation can resolve the conflicts between shareholders and the company, and can also keep the stability of the company. But the court need to know that the mediation in company litigation is different from ordinary civil mediation which is likely to infringe the interests of other subjects. So the court should pay more attentions to the principle of legality of the mediation: firstly, is the qualification of the company, secondly is the views of the agreement from other shareholders, and finally measure the interests of corporate creditors.After a preliminary study, the author's point of view to find a basis in other legal systems.The typical representative is the United States and Japan which give other shareholders the right to join the mediation. Most of the company substantive law of China has learned from the successful model of the foreign company law, but the protections of the outsiders are principled which make the court lack the legal basis in the company litigations and the company mediation. The Supreme People's Court expressed the opinion which the company mediation should pay attention to the rights of outsiders in publication cases.Based on the trial practice, the author will study the mediation system in company litigation,take the protection of the interests of the outsiders as the core, put forward the construction of mediation legitimacy procedure. And after studying the latest research results at home and abroad,the author will provide suggestions for the civil procedural law laying the theory and practice.