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《Journal of Chongqing Jiaotong University(Social Sciences Edition)》 2009-04
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Typical Research on Shareholder's Direct Litigation

ZENG Tao (Shanghai GreRoyalt Law Firm,Shanghai 200040,China)  
To solve the major problems in the management of companies,such as the abuse of controlling power,the unauthorized occupation of company capitals,the infringement of company interests via related-party transactions by directors,supervisors,senior administrative personnel,controlling shareholders,etc,in the recent amendment of corporate law and security law,the legal sanction against relevant staffs is intensified by laws and regulations which have specified their civil compensation responsibilities.The most prominent points in the amendment are manifested in the improvement of shareholder's direct lawsuit system,the establishment of shareholder's derivative suit system,and the bestowal on investors of the right to obtain judicial relief by the means of litigation.This amendment of corporate law and securities law has fully affirmed the great role of shareholder suit in reinforcing the protection of investors' rights and interests,raising the quality of legal enforcement and improving the management situation of companies.However,the majority of recent studies on the issue of shareholder suit simply focus on the introduction and demonstration of derivative suit.Based on the study about shareholder's direct suit,insights into the protection of the medium and small shareholders' rights are provided.
【CateGory Index】: D922.291.91
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