Empirical Research And Improvement Suggestions On The Shareholder Representative Litigation System In My Country

Shareholder representative litigation,that is,the shareholders subrogation litigation,shareholder derivative litigation,has a long history in the Anglo-American law system countries,then by the civil law countries.The introduction of the new company law in 2005 formally established the shareholder representative litigation system in legal form,which laid a foundation for the development of the shareholder representative litigation system in China.With the vigorous development of China's market economy,many enterprises have established a modern corporate system,the capital market has been established and developed rapidly,and the modern corporate governance model of separation of ownership and management has become the evolution target of many large enterprises.With the rapid development of market economy,various kinds of corporate disputes are increasing day by day.On the other hand,in judicial practice,since the establishment of shareholder's representative litigation system in China,shareholders seldom safeguard their legitimate rights and interests by filing representative litigation,which shows that the current shareholder's representative litigation system in China still has problems and is in urgent need of reform.This paper tries to analyze the development status of shareholder representative litigation in China through empirical analysis,and makes an objective evaluation of the system.On this basis,it puts forward some Suggestions for improvement,hoping to contribute to the protection of the rights and interests of minority shareholders in China.I also hope that our country's legal system will be more elaborate,more fair and flexible,and find a "balance" in the legislative and judicial practice.This paper is mainly composed of three parts: preface,body and conclusion.The body is composed of three parts: the first part is the overview of the shareholder representative litigation system;the second part is the analysis of the development status and problems of the shareholder representative litigation system in China;the third part is the Suggestions for improvement.In the first part,the author firstly introduces the emergence and development of the shareholder representative litigation system in foreign countries and in China,then analyzes the nature and function of the system from the perspective of should and nature,and finally analyzes whether the shareholder representative litigation system in China has realized thefunction of the system.In the second part,the author collects and collates the latest data in the alpha database,conducts an empirical analysis of the court cases since the establishment of the shareholder representative litigation system in China,and reveals the unique development course of the system in China.On the basis of the above analysis and argumentation,the author makes a comparative analysis of the problems existing in the shareholder representative litigation system in China.In the third part,the author combined the above analysis,respectively from the subject qualification,perfect the incentive mechanism and constraint mechanism,and perfecting the system of the external environment of running put forward the corresponding suggestion,the author thinks that if want to make our country's shareholder representative litigation system has achieved great development,should first enlarge the scope of the plaintiff,giving the plaintiff or the attorney,greater incentives;Secondly,the litigation cost of the plaintiff should be reduced as far as possible.Finally,we should improve the external operating environment of the system,establish a coordinated system to protect the rights and interests of minority shareholders,and create a social atmosphere that respects equity and advocates equity.