股东代表诉讼——以中小股东权利保护为视角民商法学专业论文.docxVIP

PAGE PAGE 5 [关键词] 中小股东权利 股东代表诉讼 公司治理 [Abstract]shareholder representative action is an important way to safeguard the rights of small and medium-sized shareholders. Chinas Company Law in 2005 for the first time established a shareholder representative suit, but the judicial proceedings on behalf of shareholders practical effect has been less than ideal. In practice, the Shareholder Representative Litigation System not only incentives for small and medium-sized shareholders not strong, and easy for malicious use. This problem, namely the thesis research aim is to solve the Shareholder Representative Litigation Shareholder Representative Litigation System to find a point of balance, both to stimulate small and medium-sized shareholders maintenance to safeguard their legitimate rights through legal channels while at the same time to prevent itsmalicious use. This article first departure from shareholders on behalf of the Introduction to the litigation system, introduced a shareholder representative action connotation, characteristics and background and conditions. Followed by efforts to analyze some of the problems encountered by shareholders on behalf of the proceedings at this stage in China, the most prominent of minority shareholders filed enthusiasm on behalf of the litigation is not enough, and susceptible to malicious use. Finally, try to put forward a series of programs to solve a problem at this stage. On the one hand from the clearly proper legal status of the parties, to take legal action incentives to protect the shareholders right to know three aspects to enhance the enthusiasm of minority shareholders filed a shareholder representative suit; shareholder representative suit on the other hand from the procedural and substantive perspectives filed to be a limit to prevent Fan Gudong on behalf of the litigation system in the malicious use 随着社会经济特别是市场经济的发展，公司在经济交往中的地位 日益重要，逐渐成为现代经济最主要的主体。可以认为，现代经济就 是公司经济，现代社会就是有关公司的社会。随着经济发展、公司规 模逐渐扩大，公司内部所有权与经营权相分离的现象越来越明显