Proceedings of the 2023 3rd International Conference on Enterprise Management and Economic Development (ICEMED 2023)

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A Comparative Study of Precedent Procedures for Shareholder Derivative Actions

Authors
Xiang Liu1, *
1University of Glasgow, Glasgow, G12 8QQ, UK
*Corresponding author. Email: xl151369@gmail.com
Corresponding Author
Xiang Liu
Available Online 23 August 2023.
DOI
10.2991/978-94-6463-224-8_28How to use a DOI?
Keywords
Shareholder derivative action; Preliminary proceedings; Pre-trial review
Abstract

As a specialized form of civil pre-litigation, the shareholder derivative pre-litigation procedure actively promotes reconciliation between companies and shareholders and extrajudicial resolution of disputes. Because of the corporate governance structure and social traditions, the shareholder derivative pre-litigation procedure in the United States has distinctive characteristics and has had a significant impact on its dispute resolution function. It is necessary for the Chinese Company Law to acquire reasonable elements from it to improve the Chinese shareholder derivative pre-litigation procedure, prevent abusive and improper litigation, and enhance its extra-litigation dispute resolution function. The US institutional framework for shareholder-derived pre-litigation proceedings has significant implications for the resolution of extra-judicial disputes in China: to emphasize the balancing function of shareholder-derived pre-litigation proceedings, to identify reasonable targets for shareholder-derived pre-litigation proceedings, to increase court review of shareholder-derived pre-litigation proceedings, and to strengthen the procedural law status of shareholder-derived pre-litigation proceedings.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2023 3rd International Conference on Enterprise Management and Economic Development (ICEMED 2023)
Series
Advances in Economics, Business and Management Research
Publication Date
23 August 2023
ISBN
978-94-6463-224-8
ISSN
2352-5428
DOI
10.2991/978-94-6463-224-8_28How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Xiang Liu
PY  - 2023
DA  - 2023/08/23
TI  - A Comparative Study of Precedent Procedures for Shareholder Derivative Actions
BT  - Proceedings of the 2023 3rd International Conference on Enterprise Management and Economic Development (ICEMED 2023)
PB  - Atlantis Press
SP  - 213
EP  - 218
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-224-8_28
DO  - 10.2991/978-94-6463-224-8_28
ID  - Liu2023
ER  -