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, But at least in the suppression of acts based on the performance of such acts are still meaningful. As a way to stop illegal activities director, first of all, the shareholders of the directors to implement the offense to stop their behavior. Note that, even with such a request, the director may not stop this behavior. In this case, the shareholders can the directors as defendants, filed a request to stop the acts of proceedings and the director of a temporary sanction means to stop the behavior. Only the jurisdiction of such claims,[link widoczny dla zalogowanych], proceedings, participants in the proceedings, winning or losing the shareholders under the rights and responsibilities, business law have not been as clear as the shareholder lawsuit provisions, so there are some specific aspects. But in nature, the general director of an offense that can stop the action as a shareholder representative litigation, in many ways can be applied by analogy the provisions on representative actions. 29] to the right of shareholders to stop illegal system of directors, shareholders of the most discussed issue is the legal effect of the exercise of such rights issues. That is, when the directors ignore the shareholder request to stop illegal activities, and implementation of the act of violation of law or charter, the duties of directors and the effectiveness of the act will be the biggest problem. Directors as long as does the implementation of acts of violation of laws or regulations, duties will be due to neglect of the company to be liable for damages. Moreover, violation of laws or the Directors to determine whether the conduct of the articles of association and effective, if not exercised by the shareholders of the rights affected. In other words, the exercise of the rights of the shareholders disregard the request of the shareholders and the implementation of a violation of law or statute the responsibility of the directors act and directors did not affect the validity of an offense. Therefore, the general view that the shareholders to exercise that right there is not much effectiveness. ] Suggested that in order to ensure the effectiveness of the exercise of this right, it is necessary to pass legislation to punish violations of the behavior of the provisional disposition. ] [Abstract] TheJapaneseCommercialLawhasprovidedfornotonlystrictcriminalresponsibilities,[link widoczny dla zalogowanych], butalsodetailedandcomprehensivecivilresponsibilitiesfordirectorsofjoint-stockcompanies. Especially, thelawcontainsclearprovisionsonthedeterminationofthecauses, contents, scopeofbearersaswellasthesystemsofexemptionandinvestigationofsuchresponsibilities. StudyingtheseprovisionsinJapaneseCommercialLawwillcontributetotheperfectionoftherelevantsystemsinChina. [26] See 13 Commercial Law Article 267, paragraph 5. [27] to discuss litigation system on behalf of more problems to be investigated by this action may be the scope of liability of directors. Doctrine on this issue into the majority, said the so-called Its detailed discussion, see supra note Kitazawa study p. 293 below, p. 435 Kitazawa the following book, supra note Yoshihara and Zhiwen contained Kitazawa,[link widoczny dla zalogowanych], Hamada book page 156 and so on. [28] 13 Commercial Law Article 272 also In fact, the company acts outside the scope of business stipulated in the constitution is just a case of violation of it. Therefore, 13 commercial law such provisions, but this reflects the common law offense of Directors as a shareholder the right to object to stop the practice of the problems. See supra note Kitazawa book p. 450. [29] However, a jurisdiction in which the absence of express provision, be identified as the exclusive jurisdiction of the still difficult. See supra note Kitazawa book p. 453. [30] See supra note Kitazawa book p. 453 below, Maeda (Yong) book p. 344 below. The detailed discussion, see [13] Yasuhiro Kojima: [31] See supra note Kitazawa book p. 454 below, the rooms,[link widoczny dla zalogowanych], the ancient Seto book 231 pages. * 255 *

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