Issues With Respect To Construction Of Shareholder Derivative Action Legal System Under The Law Of People's Republic Of China

This dissertation is divided into three parts. First part includes the concept, origination and development of shareholder derivative action (hereinafter referred to as SDA). Difference, transmission and merger between SDA and shareholder direct action are also be analyzed in this part. Secondly, the jurisprudence basis of shareholder action right, which included in SDA, is researched from the perspective of substantial and procedural law. Upon the basis of comparison on corporate law of different countries, the third party does the research on the subject of SDA, the precondition of SDA, the jurisdiction of SDA, the determination of filing fee, the security for litigation fee provided by defendant, the judiciary inspection of SDA, plaintiff's right of claim and liability of compensation under the circumstances of case wining or losing, the res judicate of judgment, compensation of SDA, period of litigation and whatsoever. The last part provides relevant items relating to concrete thoughts with respect to construction of SDA legal system under the law of PRC.\...