股东代表诉讼制度的诉讼实践问题研究-法律学专业论文.docxVIP

1 1 2 2 ABSTRACT In the case of corporate interests having been jeopardized and the company being reluctant to exercise their rights or refusing to, that shareholders have a right to prosecute on behalf of the company will play a great positive role in safeguarding the interests of minority shareholders and creditors. In 2005, the revised Company Law firstly introduced such Shareholder Representative Action (SRA) system. This paper mainly takes a practical example based on reality of our country to do some specialized research concerning the practice of the SRA system in our country. In addition to the introduction and the conclusion, the dissertation includes other four parts: INTRODUCTION introduced a case of Zhongqi Future Company which was concerning SRA, and then made a brief overview of the concept of SRA and its characteristics, and its development and eventual establishment in our country. At last it made a brief analysis of the provisions about SRA in the revised Company Law, and suggested that the provisions of the Company Law are far more general, and do not have strong enough operability, and then they will encounter many problems in judicial practice, such as pre-suit requirements of SRA, the litigant structure, the allocation of the litigation risks and benefits, and sponsor for litigation costs, and so on. The first part focused on the pre-suit requirements of SRA. and through the case of Zhongqi Future Company, the author analyzed the pre-suit requirements in our country and gave suggestions concerning the following, how to prevent speculative litigation and abuse of right to appeal, meanwhile not to affect shareholder’s enthusiasm to appeal. Therefore it needs to respect the legal personality of the company to greatest possibility. Firstly we should seek remedy in the company, so that all related parties would save money, and the company can avoid the impact to normal operations. The second part mainly elaborated the related parties in SRA, includi