Research On The Double Shareholder Representative Litigation System In Corporate Governance

According to the provisions of my country’s Company Law,in order to protect the interests of the company,shareholders can file shareholder representative lawsuits when certain conditions are met.This provision effectively protects the interests of shareholders.However,with the economic development,more and more parent and subsidiary companies have appeared in our country,and the current shareholder representative lawsuits cannot be fully effective between parent and subsidiary companies.Therefore,in order to meet the needs of modern corporate governance and solve the problem that the existing system cannot provide protection for the shareholders of the parent company,it is very important to establish a shareholder remedy system applicable between parent and subsidiary companies.In 2016,my country tried to introduce double shareholder representative litigation system by way of judicial interpretation.Although it was not successful for various reasons,this also conveyed a message to us,that is,in our country’s practice,it is difficult for the shareholders of the parent company to get relief.Double shareholder representative litigation has been concerned by legislators.Many countries are at the forefront of the theory of company law and have established this system.For example,the United States has established the double shareholder representative litigation in the form of case law,while Japan has introduced this system in the form of legislation on the basis of learning from the United States.China should learn from them and adopt appropriate ways to build this system in China to fully protect the interests of shareholders.This paper is divided into five chapters.The first part of the introduction explains the background and significance of the topic,discusses the research status at home and abroad,and points out the research framework and methods.The first chapter makes a basic interpretation of the double shareholder representative litigation,analyzes the difference between the system and the existing system in China,and shows what is the double shareholder representative litigation from the nature and other aspects.The second chapter starts from the existing system of our country,points out that the existing shareholder representative litigation in our country encountered obstacles in the application of parent subsidiary companies,through the analysis of the cases in practice,finds out the shortcomings of the existing law.The third chapter analyzes the necessity and feasibility of introducing the double shareholder representative litigation system in China.The necessity is analyzed from the legal theory behind the system and the role of the system,and the feasibility is discussed from the perspective of theory and practice.The fourth chapter discusses the practice of the double shareholder representative litigation system in foreign countries.This chapter first points out that the United States and Japan are the countries that have studied the system most,then analyzes the system development process and the specific content of the system in the United States and Japan,and finally summarizes the enlightenment for China.The fifth chapter is the suggestions on the specific construction of the system.This chapter analyzes the best way to introduce the system,and then puts forward some suggestions on the construction of the system from the aspects of applicable conditions and litigation subjects,hoping to make some contribution to the introduction of double shareholder representative litigation system in China.