The Legal Status Of The Company In The Shareholder Derivative Action

China's new "Company Law " provides for shareholder derivative action system, which plays a significant role in the prevention of directors, managers and other senior management personnel violating the company's interests, and promotes sound corporate governance structure to protect the interests of shareholders. However, the "Company Law" does not have the provision of legal status of the shareholders who want the derivative action, which is not conducive to the protection of the interests of the company. Therefore, the author studied the issue and put forward personal views.This article is divided into the following sections:The first part introduces the shareholder derivative action in the identification of the legal status of the company. There are some practical problems, these issues include:there is no provision of legal status of the shareholders who want the derivative action, judicial practices are different, many different opinions in academic circles. The root of the problem is no provision of legal status of the shareholders who want the derivative action. The second part focuses on the legal status of the theoretical circle on the company's various theories. These theories themselves have some problems in different ways; and can not effectively solve the problems. The third part focuses on the British and the United States'common law and Japan's civil law on the legal status of the company's various legislative cases. The fourth part is about the company's participating of lawsuit, which is the premise of the legal status of the company. The fifth part defines the legal status of the company, identifies the company as a shareholder derivative action which should be a supporting third party, and analyze the ways and the rights and obligations in the proceedings of company's participation in shareholder derivative litigation.Finally, the company should be a supporting third party, but because there is no provision of a supporting third party in Civil Procedure Law, I suggest making changes on the Civil Procedure Law. In the current judicial practice, the company should be an independent party as a third person, may be it is the best choice.In short, it is significant that a clear shareholder derivative action in the legal status, can improve the corporate governance structure, and protect the interests of small shareholders and the company.