Study On The Case Of China Cifco Futures In The View Of Shareholders Derivative Action

Shareholder derivative action, created in Britain and the U.S, has a history of a hundred years. It's a special remedy system which the rights of minority shareholders and the company are infringed, sued by the shareholders instead of the company. We have introduced the system of shareholder derivative claim in 2005, when the Company Law was amended in China. It has been discussed by many scholars. However, Such a controversial and complicated issue still deserves own attention. Shareholder derivative action acts as the last sort to protect the interests of minority shareholders. It is to be a real effective approach to apply the rule into Chinese current judicial practice when we have a perfect and enforceable system.Through detailed case study of Chinese medium-term futures, we want to carry on a research in a practical and comparative perspective in terms of the Shareholder derivative claim. In order to perfect the Chinese new "Company Law", making it more specific, more operational, and better perform its functions. System analysis, comparative method, empirical analysis, law and economics analysis are widely appied in my research.This article consists of three chapters: Chapterâ… introduces the shareholder derivative action. This chapter introduces the derivative action including the cause and effect of medium-term futures case in China. The definition, origin, and nature of derivative claim are fellowed. A compare between the derivative action and relevant concepts are another part of this charpter. It also introduces the historical development of the concept.Chapterâ…¡provides detailed analysis of derivative action and the Case of medium-term futures of China and concerns exploration on shareholder derivative action system in foreign laws in the view of Perspective of Law, including the parties of derivative action, prepositional legislation procedure, compensation for security-for-expenses statute and litigation defense etc.Chapterâ…¢provides empirical study on Shareholder Derivative Action and points out the problems as well as recommendations in problem-solving. Including the plaintiff status, the defendant eligible, incentive mechanism, control mechanism and so on, in order to improve practicability of the system of Shareholder Derivative Action in our country.