英语翻译摘要:保护股权是现代公司治理的一个非常重要的内容,而股东派生诉讼则是股权保护的最后屏障.我国现有的几条关于股东派生诉讼的法律条文根本无法满足现实的需要.因此,研讨我
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英语翻译摘要:保护股权是现代公司治理的一个非常重要的内容,而股东派生诉讼则是股权保护的最后屏障.我国现有的几条关于股东派生诉讼的法律条文根本无法满足现实的需要.因此,研讨我
英语翻译
摘要:保护股权是现代公司治理的一个非常重要的内容,而股东派生诉讼则是股权保护的最后屏障.我国现有的几条关于股东派生诉讼的法律条文根本无法满足现实的需要.因此,研讨我国股东派生诉讼中的原告适格条件、被告的范围、案件管辖的确定、诉讼费用担保制度与和解与撤诉司法审查制度的建立与否、以及如何确定诉讼费用承担等诸多相关问题,是设置专门的股东派生诉讼程序所必须明确的内容.而树立股东派生诉讼是股权保护的有利补充、对股东派生诉讼的立法应持相对宽容态度、借鉴国外先进经验与协调国内法律体系相兼顾等三大理念,则是完善我国股东派生诉讼制度的必要前提.当然,这一切,应以清晰界定股权的性质与股东派生诉讼诉权性质为前提.
英语翻译摘要:保护股权是现代公司治理的一个非常重要的内容,而股东派生诉讼则是股权保护的最后屏障.我国现有的几条关于股东派生诉讼的法律条文根本无法满足现实的需要.因此,研讨我
全手工.
Protecting shareholdings is an important content in management of modern company,and its ultimate defense is shareholder derivative litigation.Currently,the several laws about shareholder derivative litigation in our country are far not enough for practical needs.Therefore,to discuss the plaintiff's qualification,the range of defendant,the confirmation of law case jurisdiction,the legal cost sponsion system and the establishment of judicial review system of pacification and lawsuit recalling,as well as how to determine the charge of legal cost,must be defined in specific shareholder derivative litigation procedure.The three theories are necessary premises in consummating shareholder derivative litigation system in our country,including that setting up shareholder derivative litigation is favorable complementarity to shareholding protection,the attitude towards legislation of shareholder derivative litigation should be comparatively tolerant,borrowing ideas from foreign advanced experience should be combined with harmonizing domestic law system.
And,obviously,the premise of all the above,is the clear definition of characteristics of shareholding and shareholder derivative litigation qualification.
Stake in the modern corporate governance to protect a very important element, while the shareholder derivative litigation is the last barrier to protect equity. China's existing shareholder derivative...
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Stake in the modern corporate governance to protect a very important element, while the shareholder derivative litigation is the last barrier to protect equity. China's existing shareholder derivative litigation on several provisions of the law simply can not meet real needs. Therefore, the discussion of China's shareholder derivative litigation in the plaintiff appropriate grid conditions, the scope of the defendant's case to determine the jurisdiction of the costs of litigation, security system and the reconciliation and withdraw an accusation of judicial review system is established or not, and how to determine the cost of litigation, and many bear-related issues, is to set a special shareholder derivative litigation procedures must be clear content. And establish a shareholder derivative lawsuit is to protect the favorable equity supplement the legislation on shareholder derivative action should be upheld by a relatively tolerant attitude towards learning the advanced experience of foreign countries and coordination with the domestic legal system relative balance between the three major concepts, it is improving shareholder derivative lawsuit system in China a necessary premise. Of course, all this should be clearly defined the nature of equity and shareholder derivative litigation premised on the nature of the right to appeal.
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Abstract: Protecting stock right is a very important content that the modern company governs , that the shareholder derives legal action is the at last parclose that stock right protects but then. Sev...
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Abstract: Protecting stock right is a very important content that the modern company governs , that the shareholder derives legal action is the at last parclose that stock right protects but then. Several law articles that our country now has about that the shareholder derives legal action have no way to satisfy real need at all. Therefore, deliberating our country shareholder plaintiff lattice condition suitable , defendant's range , ascertaining that law case administers , security for costs system and compromise in deriving legal action with a lot of relevance problem such as removing the building-up telling judicial review system or not , bearing it as well as how to ascertain legal costs, is that the shareholder who interposes a speciality derives content must make clear that by contentious procedure. But setting up a shareholder deriving legal action is that helping that stock right protects supplements , derives the legal action legislation three big idea such as should hold the advanced experience relatively, being tolerant of attitude , drawing abroad and harmonizing in the homeland legal system giving consideration to both each other to the shareholder, the precondition being that perfect our country shareholder derives legal action system. Certainly, all these, should take that the limpid boundary fixes the stock right character and the shareholder derives legal action telling the right character as premise.
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Abstract:
To protect the ownership is the modern company management is a very important content, and shareholders derivative action is the final barrier protection equity. Several existing shareho...
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Abstract:
To protect the ownership is the modern company management is a very important content, and shareholders derivative action is the final barrier protection equity. Several existing shareholders argued about the laws cannot meet the practical needs. Therefore, our shareholders of the plaintiff argued Craig conditions, the optimal range, under the jurisdiction of the case, the guarantee system of litigation costs and reconciliation and withdrawal of judicial review system establishment, and how to determine the litigation cost bear etc., is set up problems related to the shareholders derived by procedure must be clear about the content. But shareholders are set derivative action to protect the ownership of shareholders, and favorable supplement derived litigation legislation should hold relatively tolerant attitude, learn from foreign advanced experience and coordination in both domestic legal system and idea, perfecting shareholder is the necessary premise derived litigation system. Of course, this should be clearly defined by all the shareholders' equity with the property right for derivative action.
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