股东派生诉讼之前置程序研究民商法学专业论文.docxVIP

1 1 2 2 Abstract Shareholder representative litigation system in the development of foreign countries for hundreds of years, the medium and small shareholders rights through litigation without management empowerment in a company, filed a lawsuit against the company, the board of directors and senior management personnel and others infringed on the interests of the company, in order to protect the company s interests, but also to maximize the protection of the in a weak position of minority shareholders. But the system also is a double-edged sword, in the protection of the interests of small shareholders at the same time, also easily by individual shareholders abuse harbour evil designs. In order to prevent the occurrence of such a situation, the system uses the best, countries in the establishment of shareholder litigation system, require the prepositive procedure can limit the system, in order to reduce some unnecessary litigation, the abuse of shareholders right, the company actively to exercise their right to appeal to a urge role. The introduction of Chinas legal system of the shareholder representative litigation system is relatively late, the new company law revised in until October 27, 2005, for the first time the system introduced into our country law, and mainly in the 152nd article. The revised company law is complied with the law development tendency, has the very vital significance in the development history of company law in china. But we also note that, for the 152 article of the pretage procedure of shareholders representative litigation provisions is a more general provisions, reflected is still some fundamental things, judicial practice, the operability is not strong, many loopholes and the theory of existence, also affect the judicial practice. In order to improve the legal system of company of our country, to adapt to the development trend of Social Firms system, based on its national conditions, draw on the successful experience of other countr