On Shareholder Representive Lawsuit System

The shareholder's derivative action is a characteristic legal system in the law. It is an effective relief mode to protect small shareholders'rights.In common law countries, the shareholders representing lawsuit system is not only in the shareholders'rights and management control to solve the conflict between the vital role. At the same time to solve majority shareholders and minority shareholders interest conflict, and also plays an important role. However,we are sorry that some relevant provisions are too principle,adding our country's special nation conditions,this new-type system is impractical in our judicial practice.All the above problems provide some space for further study to author. This paper, through the comparison of the action method combining foreign countries about the shareholders, the thorough analysis on our legislation and omissions, so as to reflect perfecting shareholder representing the litigation system.This text mainly divided by four parts. The first part mainly introduces the concept of representative lawsuit system of shareholders and origin. The second part of the plaintiff qualification, the qualification, and the other shareholders in the company of such as position in detail. The third part through comparative analysis method was introduced in detail the prepositional procedure. The fourth part introduces the status quo of shareholders litigation legislation and judicial practice, the author put forward the improvement in the present legislation proposals to improve the shareholders representing litigation, the practical.