IDEAS home Printed from https://ideas.repec.org/h/spr/advbcp/978-94-6463-224-8_28.html

A Comparative Study of Precedent Procedures for Shareholder Derivative Actions

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

Author

Listed:
  • Xiang Liu

    (University of Glasgow)

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.

Suggested Citation

  • Xiang Liu, 2023. "A Comparative Study of Precedent Procedures for Shareholder Derivative Actions," Advances in Economics, Business and Management Research, in: Gaikar Vilas & Jing Gao & Xi Chen (ed.), Proceedings of the 2023 3rd International Conference on Enterprise Management and Economic Development (ICEMED 2023), pages 213-218, Springer.
    • Handle: RePEc:spr:advbcp:978-94-6463-224-8_28
    DOI: 10.2991/978-94-6463-224-8_28
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a
    for a similarly titled item that would be available.

    More about this item

    Keywords

    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:advbcp:978-94-6463-224-8_28. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.