Research On The Application Of Shareholders’ Representative Litigation In Others’ Infringement Of Company’s Rights And Interests

Corporate governance and shareholder rights protection complement each other,and the balance between the two plays a very important role in the healthy operation of the company,and shareholder representative litigation is an important institutional arrangement for balancing corporate governance and shareholder rights protection.The system shows more concern for the overall interests of the company,and its nature is closer to power supervision.When others infringe on the rights and interests of the company and the shareholder representative lawsuit is not applied properly,the rights of shareholders will expand and corporate governance will be impacted.The main problems in the application of shareholder representative lawsuits to others infringing the rights and interests of the company are that the scope of the defendant is too broad,the definition of the behavior that infringes the rights and interests of the company is not clear,and the damage caused to the company is not uniformly identified.It is confirmed that relevant subjects can become defendants,and in order to reduce the impact on corporate governance,the specific rules for the application of defendants are clearly narrowed.It is confirmed that acts of infringement,breach of contract and other acts can be regarded as acts that infringe on the rights and interests of the company.Confirmation of direct losses and loss of acquirable profits can be regarded as losses caused to the company.In order to reduce the impact on corporate governance,the rules for determining the losses that should be excluded are specified.Based on the "balance theory" of corporate governance and the protection of shareholders’ rights,this paper proposes specific legal application opinions for cases where shareholders’ representative litigation is improperly applied when others infringe the company’s rights and interests in practice,and the purpose is also to provide feasible trial ideas for similar cases in the future.