The Research Of Shareholder Derives Lawsuit System

The lawsuit of shareholder derives to take in company law an important system, when constructing should achieve standard, reasonable, may operational be strong, enables its to play the true role, protects the shareholder right, the maintenance company benefit, the consummation company governs the structure. Unified the fledgling firm method stipulation, the author believed that, this system still should make the specific stipulation in the below aspect:First, determined sues the shareholder the plaintiff status, illegal violation artificial defendant, but the company took independent status the lawsuit attendant, is in the not independent request power the third person of status, when the derivation lawsuit obtains wins, by the company enjoys obtains the damage compensate the right.Second, stipulated is authorized to the shareholder which files the derivation lawsuit to hold the stock quantity, should decide in about company stock total amount 5%is appropriate, the fledgling firm law decides as 1% to be disadvantageous to preventing the shareholder derives the lawsuit to abuse creates the congenial lawsuit the production.Third, in sues the shareholder to hold the stock time in the request, the time not suitable long has decided take three months as suitably, the fledgling firm law stipulation time excessively is long in this point, the excessive limit filed the lawsuit the condition.Fourth, entrusts with the shareholder the damage compensate request power, wins the shareholder expense to compensate the request power, during the maintenance is company benefit, maintains shareholder's benefit.Finally, determination derivation lawsuit jurisdiction, lawsuit compensation, lawsuit reconciliation judicial examination, detail question and so on defendant lawsuit expense guarantee standard.