Research On The Scope Of Application Of The Shareholder Derivative Litigation System In China

Shareholder derived litigation system is an important method of judicial intervention in corporate governance. It safeguards the legitimate rights and interests of the company directly, indirectly protect the interests of shareholders. As the company management mode to "the board of directors center doctrine", company managers in the core position, extremely easy to infringe on the interests of the company act, coupled with the others for violations of the company emerge in endlessly, it is imperative to strengthen the status of shareholders, especially small and medium shareholders. Shareholder derived litigation system is by giving the suit right of the shareholders' supervision and the corresponding ways to achieve the purpose of strengthening shareholder status. This article is divided into four chapters, chapter one overview of shareholder derivative lawsuit system in the company autonomy as the background, the necessity of judicial intervention illustrates the generation and development of derivative litigation, the specific provisions of derivative action in our country, emphasize derived litigation's special function; The second chapter describes shareholder derived litigation subject scope, including the eligibility of the plaintiff and the defendant; The third chapter introduces our country shareholder derived litigation concerning actionable range, including both company directors, supervisors and senior management personnel's behavior, also includes the behavior of others, the emphasis is on the discussions of the third party private subject infringement; Chapter four analyzes the factors affecting the scope of other shareholder derived litigation, in order to strengthen maneuverability of shareholder derived litigation in judicial practice.