股东派生诉讼中公司之诉讼地位分析-公司法专业论文.docxVIP

PAGE PAGE 1 2 2 Abstract As a corporate governance mechanism, shareholder derivative litigation originated in the British’s equity, the United States introduced this system later and make it grow. Shareholder derivative litigation is the inevitable product of corporate governance changes in the structure and development of civil litigation theory. Shareholder derivative action is different from ordinary lawsuit, the company that has a real interest can not sue to protect itself due to objective reasons, the shareholders sue to protect the interests of company initiatively. as the ultimate beneficiaries of the proceedings, the company should have an important role, but the separation of substantive rights and litigation right has led the company’s litigation position to face the embarrassment .Differences in national legislation choice caused by different corporate governance environments and civil litigation systems. China in 2006 formally established shareholder derivative litigation system in the form of legislation, but on the companys position in the shareholder derivative litigation does not make clear, not only the theories are controversial, but the practical operations vary. The issue of company’s status in Shareholder derivative litigation should be solved. Compare and learn from other countries legislation on the basis of practical experience, based on our existing corporate legal system and the system of civil parties, paper uses comparative study of methods and empirical research to firm the legal status by exploring the types of proceedings in shareholder derivative litigation, in order to clarify the relationship of the subject of litigation shareholder derivative litigation , improve legislative procedures and related legislation. This article is about the body of a total of 35,000 words, is divided into five parts: Part I: Putting forward problems. Although China established the shareholder derivative litigation in the form of legislation, but did