| The shareholder representative litigation system in my country is based on a single company structure,which safeguards the legitimate interests of the company.The law allows shareholders to initiate litigation on behalf of the company.Nowadays,companies are three-dimensional and multi-dimensional.Compared with a single operating company,a diversified operating company can gain the advantages of the internal capital market in investment,obtain more resources in the allocation,and expand the company’s business.To sublimate the value of the company,the single-weight representative litigation system is no longer able to meet the development of the times,and it needs to continuously inject new thinking and methods.The dual shareholder representative litigation system has emerged in practice,and the use of the original shareholder representative litigation system can easily lead to problems that are difficult to determine in judgments.Therefore,the author analyzes the problems in 6typical dual shareholder representative litigation cases through empirical methods and provides overseas The reference to the dual shareholder representative litigation system in China,with reference to the advantages of other countries’ systems,provides a reference method for the existing problems of shareholder representative litigation,and provides a theoretical reference on how to construct my country’s dual shareholder representative litigation system.The research object of this article is the dual shareholder representative litigation system.Through the study of real cases of the dual shareholder representative litigation system in practice,problems in the existing shareholder representative litigation system are discovered.After analyzing and summarizing the problems,it is proposed to introduce dual shareholder representative litigation.The value of the system,and how to build my country’s "localized" dual shareholder representative suit system to provide institutional reference.The main body of this article is divided into four parts:The first part is the introduction.This part mainly includes topic selection,literature review,research ideas,and research methods: This article uses empirical research methods to conduct statistical analysis on specific cases in practice and draw relatively objective and reasonable conclusions.Analyze the necessity of constructing a dual shareholder representative litigation system,provide a practical basis for this,analyze the conditions and difficulties faced by establishing a dual shareholder representative litigation system in my country,and further study the prospects of the dual shareholder representative litigation system and possible problems,Find a solution.To solve the problems in practice.This article first analyzes the research value of the dual shareholder representative litigation system from the perspective of theoretical and practical significance,summarizes the views of existing scholars in theory,and analyzes in the form of judicial cases in practice,and then introduces the current research status at home and abroad.Again,this article uses a variety of research methods to write the thesis,hoping to study the dual shareholder representative litigation system in a variety of ways.The second part is the status quo and existing problems of the shareholder representative litigation system in our country.The author first analyzed the legislative norms of the shareholder representative litigation system in my country,and then searched 6 cases on the dual shareholder representative litigation system on China Judgment Online and Peking University Lawyes website,and analyzed the current judicial application of the system in my country.,Found that the system has different judgments in practice,such as the qualifications of the plaintiff,the future procedures,and the degree of damage to the parent and subsidiary companies.Discuss and analyze6 cases and discuss the necessity of establishing dual shareholder representative litigation.The third part introduces the value of dual shareholder representative litigation for the improvement of corporate governance,and introduces the development of foreign dual shareholder representative litigation systems,including the systems of the United States,Japan,and South Korea.Through the introduction of other national systems,it is convenient for us to learn from Analyze the problem from the perspective of other countries.Put forward the significance that we can learn from other countries,and promote our country’s scientific legislation.On the basis of the foregoing analysis,the fourth part proposes how to construct my country’s dual shareholder representative litigation.From the applicable conditions,litigation subject,pre-procedures,etc.,I hope to have some experience in my country’s dual shareholder representative litigation system. |
