A Study On Stockhoider's Derivative Action System

This paper,rom the point view of the procedura law,does a systematic,in-depth research on the issues involved in the system of Stockholder's Derivative Action,hoping to provide enlightenment and help to the construction and improvement of the system of Stockholder's Derivative Action in our country.This paper is divided into four chapters.They are as follows:Chapterâ… A Survey of Stockholder's Derivative ActionThis chapter focuses on some fundamental issues involved in the system of Stockholder's Derivative Action,including some concepts and their features,origins and development;the relationship between Stockholder's Derivative Action and actions brought by shareholders directly;the relationship between Stockholder's Derivative Action and action brought by representatives, functions of Stockholder's Derivative Action,and so on.Chapterâ…¡Theoretical Basis for the System of Stockholder's Derivative ActionThe research on the theoretical basis is the premise on which all litigation systems are established.This paper's view is that the theoretical basis for the system of Stockholder's Derivative Action is the theory of shareholder rights and that of the expansion of the scope of parties to actions.Chapterâ…¢The Status Quo and Analysis of Stockholder's Derivative Action in ChinaThis chapter consists of two parts:One, the Status Quo of Stockholder's Derivative Action in our country; Two, analysing the relevant provions of the Stockholder's Derivative Action, summing up the loopholes and shortcomings of the Stockholder's Derivative Action law with a view to Stockholder's Derivative Action program design more targeted.Chapterâ…£Program Design Related to the Stockholder's Derivative ActionProgram design related to the Stockholder's Derivative Action includes:plaintiff, defendant,and the status of the company in Stockholder's Derivative Action;jurisdiction of action;jointer of claims and counter-claim; burden of proof; res judicata of cases; retrial of cases;. and so on.