analysis of shareholder derivative litigation system（股东派生诉讼制度的分析）.docVIP

Analysis of shareholder derivative litigation System Abstract Act to protect shareholder litigation as an important system in shareholders’ equity, after nearly three years of development and improvement of national company law has so far accepted. China’s new Law establishes the shareholder derivative litigation system to improve the level of corporate governance to protect the interests of minority shareholders play an important role. For the correct understanding of shareholder derivative litigation and direct action have an important role. While the new company law derivative action brought against the minority condition, and the proceedings are to be clearly defined. Although the new Act provides for shareholder derivative litigation system, but China is still at an early stage of understanding shareholder derivative litigation is not comprehensive, the right to appeal may be the phenomenon of abuse of minority shareholders or shareholders’ rights awareness is not high, lack of incentives and so on. Therefore, legislation and practice in the future to further improve and develop. Paper Keywords New Company shareholder litigation shareholder derivative litigation I. Overview of shareholder derivative litigation system (A) the definition of shareholder derivative litigation system, also known as shareholder representative shareholder derivative litigation lawsuit, when a company’s legal rights have been infringed and the company’s director of illegal supervisors senior management was delayed in prosecution, eligible shareholders may order the company’s interests in their own name to the courts, the damages awarded belong to the company’s system. (Two) the characteristics of shareholder derivative litigation shareholder derivative litigation system has the following characteristics: First, shareholders filed a lawsuit because of the benefit to the company was not for their own interests. Second, the plaintiff shareholder litigation, sh