论股东派生诉讼的相关问题-法学专业论文.docx

Theory of shareholder derived litigation related issues Abstract Shareholder derivative action refers to when a company by others, but because of various reasons, the company internal authority without or delayed in the exercise of litigation, shareholders can overall interests focus on the company in the name of the individual to the court, shall be investigated for related legal liability lawsuit system. The system established by a court in the UK, the mature developed in the US, not only can maintain the legitimate rights of small and medium shareholders but can also improve the companys own. 05 revision The company law of the Peoples Republic of China formally proposed shareholder derived litigation marked the our country law in line with international standards, in the process of legal modernization in China has played a larger role in promoting. Fly in the ointment is the system in our country is still in the stage of only is a principled regulations, and relevant supporting system is still blank, limit its function not only, might even with the legislative intent This paper introduced targeted case, the question to be discussed at the export .This paper argues that shareholder derived litigation subject is not fully clear, the provisions of the relevant procedures and lawsuits results bear, and so on a series of problems in our country law is too principle In this paper, using comparative history method such as the analysis of the above three problems, and puts forward related Suggestions to resolve the problem. Full text is divided into four parts, the first part introduces case, combing the related problem According to the problems discussed again The following three parts, respectively, of shareholder derived litigation subject program and the results were analyzed and put forward the perfect Suggestions, in order to solve the problem of case This paper argues that concrete elaboration on the qualification cognizance of the plaintiff to some, the scope of