论股东派生诉讼制度及其完善-经济法专业论文.docxVIP

万方数据 万方数据 On shareholder derivative action and Improvement ABSTRACT Shareholder derivative action is the creation of common law countries, in the company and its infringement on the interests of small shareholders, by shareholders suing on behalf of a special relief system has been one hundred years of practice, became a British and American countries Item mature and effective litigation system. The establishment of this system will encourage small shareholders to come forward to defend the legitimate interests of the company to ensure that interests of the company against company executives, controlling shareholders and third violations, to fully mobilize their executives and controlling shareholders monitor the companys enthusiasm And creativity, and strengthen external oversight of the company. But we must see that there are shareholder derivative litigation risk of abuse, because in shareholder derivative litigation, the plaintiff filed shareholder derivative action is to replace the name of the company to their own illegal acts against the company litigation, the practice of the company Right to appeal, to some extent negate the companys independent personality and the majority rule, therefore, to shareholders filed derivative action must also be encouraged to prevent the occurrence of abuse. Our newly revised in 2005, Company Law(hereinafter referred to as the new Law) provide that a shareholder derivative action, but its provisions are not perfect, in judicial practice and did not play its due role.This article through to shareholder derivative lawsuit system of basic theory and other national regulations analysis, combined with the new company law about shareholders in the provisions of the derivative action system suitable for Chinese company law, puts forward some Suggestion,Besides the introduction and conclusion, the article is divided into four parts: IV The first part is an overview of shareholder derivative litigation, shareholder derivative litigatio