Research On The System Of The Litigants In Derivative Suit

The system of derivative suit of shareholders is an important system in modern corporation law. Its status and function in the reinforcement of the construction of modern corporation system and the protection of interests of the medium and small shareholder are more and more outstanding. In some countries and regions out of our country, the systems of derivative suit are quite complete and mature. Comparatively speaking, our system of derivative suit is only in the beginning stage. In the newly amended Corporation Law this system is stipulated, but some stipulations are imperfect, and drawbacks exist. Therefore it is necessary to make further and systematic study of this system, and amendment and supplement are needed for its perfection. The system of litigant is an important content in the system of derivative suit, and it is the key for the perfection of the system of derivative suit. This thesis is a study of related contents of the system of the litigants in derivative suit, is expected to present suggestions for the establishment and perfection of this system in our country with the help of successful legislative experiences in other countries.The article is around the reasonable confirmation of the legal status of derived litigant, and the discussion is made on the definiteness of right and duty. The introduction is about the basic knowledge of derivative suit. The importance of the reasonable establishment of the system of derivative suit, especially the system of litigant is analyzed. Conclusion is a summary of the whole thesis. The thesis is divided into four chapters.Chapter one is an explanation of the theoretical origin of the right of derived litigant. At first, the backgrounds and process of production of the right and the important value and function of the right are introduced. Then, discussion is taken for the foundation of the right in material law and procedure law based on different opinions. The shareholders share the initiation right of derivative suit. This can get theoretical support from material law and procedure law. The view of the right of shareholder is the theoretical foundation from material law, and the theory of broad litigants is...