Judicial Appliciation Of China's Shareholder's Derivative Action

Shareholder's Derivative Action originated the United Kingdom, in the United States ,Japan ,Germany and Taiwan region of China have been adopted and development, and the formation of the relevant legislation and judicial cases. Shareholder's Derivative Action, the basic meaning of infringement in the interests of the company, the company refused or delayed in prosecution, on behalf of the shareholders in their own interests for the company to institute legal proceedings. China in 2005, "Company Law" formal introduction of this system, from the perspective of substantive law, the plaintiff sued qualifications, the defendant, request pre-process and other aspects of the request for exemption requirements. But the shareholder lawsuit has its inherent specificity, spanning the two major corporate law and civil law legal system, which requires both the provisions of substantive law, procedural law and the protection needed. Substantive law of the company on behalf of shareholders of the principles and actions required are too rough, there was no corresponding provisions of procedural law, copy the relevant provisions of the Civil Procedure Law and inevitably far-fetched and out of the basic concept of shareholder lawsuit. In this paper, section 152 Companies Act lawsuit on behalf of the relevant provisions of the shareholders as the logical starting point to the specific legislative and judicial for the main line, supplemented by representatives of the shareholders based on theoretical knowledge of the proceedings and foreign-related legislation, specifically related to the final draw improve the measures. Seeks to protect the interests of shareholders and maintaining the company find the best balance efficiency, filed on behalf of shareholders in the litigation and to encourage prevention of abuse to seek appropriate measures to appeal.