股东代表诉讼当事人范围界定诉讼法专业论文.docxVIP

Abstract The prescription of Shareholder’s Representative Action in new Corporation Law symbolized the establishment of Shareholder’s Representative Action system in our country ,also marked an important step had taken in the road for consummation of corporation’s management .During the whole system of Shareholder’s Representative Action , the identification for the scope of parties undoubtedly is the most important element ,is the foundation stone which decides the movement of the process for Shareholder’s Representative Action. Yet the prescription for parties is too summarized in the new Corporation Law ,and also exist somewhere which have arguments ,such as the vacancy for the status of other shareholders and the company ,which may cause chaos in judicial practice .This paper establishes in legislation and judicial practice of our country ,through the investigation of Shareholder’s Representative Action system in America 、France、 Japan and other countries and regions ,giving advices to some prescriptions in new Corporation Law. This paper could be divided into 5 parts ,chapter 1 gives a brief introduction of Shareholder’s Representative Action system，including origination ,character and meaning .Chapter 2 identifies the boundary of plaintiff in Shareholder’s Representative Action, suggest to consult the proportion requirement off plaintiff’s stocks by size of corporation’s capital ,this article advices to restrict the subjective intention of plaintiff .Chapter 3 gives the identification for the boundary of defendant in Shareholder’s Representative Action. This part suggests using the mode of enumerate in legal provision to specify the scope of defendant, court should prohibit defendant to countercharge and to investigate responsibilities of senior managers who obviously neglect their duty during interior relief process of corporation or consult with defendant .Chapter 4 makes furious debate about the status of corporation and other shareholde