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2010•Journal of Shanxi Politics and Law Institute for AdministratorsRequires access

Company's Legal Status in Shareholder Representative Lawsuit

DU Li-ping

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Abstract

The new company law established the shareholder representative lawsuit system by legal form,and formulated the plaintiff,the shareholder who takes proceeding.While the company's legal status does not clear.Based on the analysis of different views in educational field,I consider that company should take part in the lawsuit in an intervenor with no independent right to claims under the common situation and an intervenor with independent right to claims under the special situation.

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What this paper is about

The new company law established the shareholder representative lawsuit system by legal form,and formulated the plaintiff,the shareholder who takes proceeding.While the company's legal status does not clear.Based on the analysis of different views in educational field,I consider that company should take part in the lawsuit in an intervenor with no independent right to claims under the common situation and an intervenor with independent right to claims under the special situation.

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Available abstract

The new company law established the shareholder representative lawsuit system by legal form,and formulated the plaintiff,the shareholder who takes proceeding.While the company's legal status does not clear.Based on the analysis of different views in educational field,I consider that company should take part in the lawsuit in an intervenor with no independent right to claims under the common situation and an intervenor with independent right to claims under the special situation.

Key concepts: Lawsuit, Plaintiff, Shareholder, Business, Legal status, Law, Corporate law, Law and economics

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