Research On Procedural Gurantee Of Dormant Shareholders’ Litigious Right In China

In the practice of corporate litigation,the investment of hidden shareholders is common.In the practice of corporate litigation,the problem of anonymous investment occurs from time to time.With the introduction of the judicial explanation(3)of Company Law,the status of hidden shareholders is clarified for the first time.Enjoy the corresponding right of action.However,due to the low level of interpretation of company law,and the relevant provisions are not specifically targeted at anonymous shareholders,under the current regulatory system,how to deal with the complicated legal relationship in the dispute cases of hidden shareholders has become a difficult problem in substantive law.However,the lack of substantive norms will inevitably lead to difficulties in the application of procedural law.How to exercise the right of action becomes the primary need.A difficult problem to solve.However,how to exercise the right of action is closely related to the norms of substantive law,but the regulation of substantive law cannot satisfy more and more demands of rights.Therefore,this paper takes anonymous shareholders and the right of action as the logical starting point.From the point of view of the exercise of the dormant shareholder’s right of action,this paper discusses the construction of the specific path of the procedural protection of the dormant shareholder’s right of action,in order to make this kind of problem better regulated through the writing of this paper.The first part is the theoretical study of anonymous shareholders and their rights of action.Firstly,the basic theory of dormant shareholders and their rights of action is expounded,and then the necessity of anonymous shareholders’ right of action in the procedure is analyzed.The second part,the current situation of the procedural protection of the dormant shareholder’s right of action in our country.This paper analyzes the problems,points out the current situation of the procedural protection of the dormant shareholders’ right of action in our country,and concretely analyzes the theoretical problems behind it,which lays a theoretical foundation for how to improve the exercise of the right of action of the dormant shareholders in the following articles.The third part,the question research,our country concealed shareholder lawsuit right exercise limited case ponder.In this paper,three typical cases are used to analyze the problems existing in the exercise of litigation rights of hidden shareholders in China.The fourth part is the perfection of the procedural protection of the right of action of anonymous shareholders in our country.The paper puts forward the ways to perfect the predicament faced by hidden shareholders at present,that is,according to the classification of hidden shareholders and their needs,to put forward the suit procedure suitable for them,so that the protection of hidden shareholders cannot be one-size-fits-all.And creatively put forward to the incomplete dormant shareholders should take the way of confirming and their rights get to comprehensive protection,have to build our hidden shareholders procedural protection of the specific path,at the same time,Other paths are also discussed.