Study On The Shareholder's Derivative Action And The Improvrment In China

The institution of shareholder's derivative action has become an essential part of modern corporate law as an institution of protecting the shareholders of minority, which derives from the USA and England and is established around the word for 100 years. The main purpose is to protect the shareholders of minority neglected under the principle of capital of majority, and it plays an important role in maintaining the benefit of the shareholders of minority and perfecting the structure of administration in corporation. However, it does not necessarily mean that is a perfect institution. Whenever it satisfies the detailed circumstances in different countries, the institution of derivative action of shareholders can function well.Our corporate law has introduced the institution like others in 2005. In the construction of the institution, our country has slowly approached the world. As an alien institution, it is impossible to go well as expected at the moment lack of the relevant legal institutions, for example, the design of the process of priority, the specific requirements for plaintiff, the burden of the action fee, and so on. Whether the institution can function well lies in the perfection of our corporate law.Therefore, it is our elementary work to perfect the institution in our country. The construction and perfection can make the system of corporate law go further. Most important of all, it can protect a large number of the benefit of shareholders of minority of listed companies, and will help to the further perfection of the administrative structure of corporation. In detail, we should perfect the institution of derivative action of shareholders as from the aspects of the institution of the parties, the mechanism of restriction and motivation.