A Case Study of Subject Identification and Immunity in the Pre-Litigation Procedure of Shareholder Representative in China

Abstract

Whether the pre-litigation procedure of shareholder representative is effective is one of the important issues about the functioning of shareholder representative litigation. In judicial practice in China, the identification of the subject of shareholder representative and the necessity of the pre-litigation procedure are the most common and controversial points. In this paper we will analyze the subject identification and the exemption situation in the pre-litigation procedure of shareholder representative from the perspective of interpretation and legislative theory, based on the cases obtained from sources such as China Judgments Online and Jufa.com. Through the empirical analysis of the above two aspects, it is found that there are problems and loopholes in the connection between legal texts and judicial practice, and finally suggestions are proposed to improve the pre-litigation procedure of shareholder representative, in order to improve the adaptability of the legal text specification of the shareholder representative litigation system and the review of judicial practice.