Case Study On Types Of Shareholder Representative Litigation

Shareholders' representative litigation as a means of relief for shareholders has not been applied in the judicial field since the introduction.In order to make the shareholder representative litigation system better applied in practice,an empirical study on a large number of shareholder representative litigation judgments is conducted.In contrast to the relevant legislative provisions on the representative litigation system of domestic and foreign shareholders,the application of the shareholder representative litigation system in China should not be constrained by the interpretation of the law.In practice,for the application of shareholder representative litigation,first of all,the way in which shareholders perform the pre-procedures should not be limited to the written form of paper,and should be clear and specific in fulfilling the content of the request for the pre-procedure.Legislation should standardize the criteria for the exemption of pre-procedures,and should not limit the exemption of pre-procedures to“the situation is urgent.Failure to bring a lawsuit immediately will cause the company to suffer irreparable losses”.Secondly,in the conflict between contract disputes and shareholder representative litigation,whether it is a contract signed by a company insider or an arbitrary third party,as long as there is an act that harms the interests of the company,the judicial party should allow the plaintiff shareholders to file a shareholder representative lawsuit based on the contract dispute.The plaintiff's lawsuit was dismissed by the plaintiff's claim that the lawsuit broke through the contract's relativity.Finally,as the company's anonymous shareholder,it does not enjoy the identity of a real anonymous shareholder.When a prominent shareholder succumbs or refuses to file a shareholder representative's lawsuit,the anonymous shareholder should use the agency agreement to pursue the name under the Contract Law.Shareholders' breach of contract has the purpose of safeguarding the company's legitimate rights and interests and its own interests.