论股东代表诉讼法学- 大学毕业设计.docVIP

2013届毕业设计(第二学位论文) 题 目： 专 业： 姓 名： 班 级： 指导教师 起讫日期 20.3.19～20.06.13 20013 年 On the shareholder lawsuit Abstract 《Law of the Peoples Republic of China》 is amended and adopted by the 18th meeting of the Standing Committee of the Tenth National Peoples Congress of the Peoples Republic of China on October 27, 2005. This Act official identified the shareholder lawsuit, but China is not a true market economy country, so that the system is not perfect. Hand hygiene rules should be established on the plaintiff shareholders eligible to be limited, the scope of the defendant shall include the directors, supervisors and senior management, as an independent company in the shareholder lawsuit participants in proceedings litigants. In the newly revised 《Law of the Peoples Republic of China》 and 《Civil Procedure Law 》does not provide for the a shareholder lawsuit litigation costs, shareholders should be representative action as a non-property cases, charges a fixed cost of litigation. The newly revised 《Law of the Peoples Republic of China》 and 《Civil Procedure Law 》does not specifically provide the shareholders representative actions under the jurisdiction of the shareholders on behalf of the jurisdiction of the court cases, should provide for exclusive jurisdiction under the jurisdiction of the local court. Due to the rapid development of the modern economy, the size of the company continues to expand, in order to be able to adapt to the complex and volatile market, the companys internal power operating mechanism by the shareholders meeting center transition to the centrism of the Board of Directors, the Board of Directors in the management of the companys decision-making in the center position, the companys ownership and management separation. Due to changes in the status of the Board, the directors, supervisors and senior management personnel have wider powers in order to prevent damage to the company and shareholders in equity, Shareholder Rep