Study On The System Of Shareholders Derivative Suit

In recent years, with the development of market economy, the company became increasingly active economic agents, protection of the rights of shareholders to become widespread concern. Shareholder lawsuits on behalf of the company refers to the lawful rights and interests are infringed effect of lazy to exercise the right to appeal and the company, the shareholders of the company on behalf of the interests of the company to litigation. Shareholder litigation on behalf of Anglo-American origin, most countries have now been confirmed by commercial legislation. The protection of small shareholders as a weapon in the "Company Law" to the introduction of the changes in the. In this paper, to avoid the traditional discussion of corporate governance point of view in favor of the spirit of this from a macro point of commercial law was launched and discussion.Full-text from the introduction, text, Conclusion of three parts. Introduction from the company law changes, the company becoming an increasingly important market economy and the background of the main body of this great start, pointed out that the shareholder lawsuit on behalf of the shareholders is to protect the legitimate rights and interests of small and medium companies a powerful weapon. Also pointed out that the introduction of this system is also on China's legislative, judicial practice area has brought new challenges. Text of three chapters.Chapter I spreads the analysis of the malpractice.Chapter II on behalf of shareholders of a profound analysis of the causes of malpractice litigation system that is mainly the "Company Law" of China's civil law provisions and procedural law, combined, reflect contrary to the spirit with some aspects of commercial law. Start with the existing provisions of company law, from the pre-litigation process on behalf of shareholders, etc., fully demonstrated China's introduction of shareholder litigation on behalf of the design of the system does not meet the basic spirit of commercial law is a much-needed improvement.Chapter III consists mainly in commercial law are discussed under the guidance of the spirit of building a scientific shareholder representative litigation system. First of all affirmed the lawsuit on behalf of our shareholders is in line with the introduction of the basic spirit of commercial law is necessary, and scientific. As a major component of commercial law, company law, including shareholder litigation on behalf of the commercial law only under the guidance of the spirit of building can be perfected. And use it as was put forward to shareholders on behalf of the author's personal recommendations for the judicial proceedings.Conclusion section presents the author's expectations. Right from the paper how to become a reality, countless scholars striving for. In this paper, under the guidance of the spirit of commercial law, a brief to perfect this system raised several points, looking forward to in practice to increase the operability of this procedure is indeed protect the legitimate rights and interests of small and medium shareholders.