论我国股东派生诉讼制度缺陷及完善-诉讼法学专业论文.docxVIP

Abst Abstract IV IV ABSTRACT The shareholder derivative litigation system is an important remedy measures to protect the rights of minority shareholders. Infringed on the interests of the company, especially the small shareholders of the legitimate rights and interests of directors and supervisors from higher company senior management personnel of an act or omission of the violation, the law gives shareholders to appeal according to their own name, which in the company or the third party infringement actors get compensation or compensation. In this paper, the concept of the shareholder derivative litigation systems origin and development, the system features a general description and discussion, to focus on the design of entity and procedure as well as the current situation of our country in this aspect and lack of pertinence to elaborate and perfect. The first chapter, briefly describes the related concepts of shareholder derivative litigation system, main features and value function. The second chapter, from the substantive legal framework and legal framework for the analysis of potential applications, for our shareholders derivative litigation system of the legal framework : the entity part mainly includes: the principle, the scope of the review standard, litigation cost determination and shall bear the legal framework of procedures; mainly include: the part, the cost of litigation, pre Procedure Provisions and jurisdiction. The third chapter, focuses on the analysis of the flaws of our shareholder derivative litigation, distribution in entity and procedure in two parts. Solid defect : infringement the definition is not clear, causing damage to the companys not to do the detailed provisions, the scope is not wide; defects in the pre procedure: procedure defects, analysis the question of jurisdiction, the burden of proof distribution, litigation costs and litigation results bear, abuse of litigation case analysis. The fourth chapter, aiming at the above proble