The Study Of The System Of Shareholders Derivative Suit Of Our Country

The system of shareholders derivative suit is such a system for minority shareholders to investigate the civil responsibility of corporate insiders for infringing corporate interests, and thereby supervise the insiders. Originated from Britain, expanded in USA, the system becomes an important system all over the world today. Though there is not article about shareholders derivative suit, the Court made a breakthrough. The Court throughout the case is different, and the trial appears to have a lot of arbitrariness.China's Company Law drew on the experience of the system of shareholders derivative suit in 2005.However, the system of shareholders derivative suit, just like other systems, is a double—edged sword. It can protect the interest of minority shareholders if exercised well, but it can also impede the operation of the company if abused.This system will meet great challenge during the judicial practice. In this article, the author pays more attention to the reality and practice of the applicability of the system in order to make a proposal. Only this, The system of shareholders derivative suit can balance the interest of each party.