A Study On The Jurisdiction In Shareholder 's Derivative Litigation

With the development of the companies, stockholder’s derivative action has been an import rule to protect the company and stockholders’interest, reduce the agency costs. The rule was introduced to our country for several years with little provisions and less operable. The previous research mainly focused on the structure of the concrete measures. But legislation still need much time, so the research couldn’t resolve the problems that the law court judge the special case meet with. The thesis elaborated on jurisdiction of the law court, trying to build a standard for the jurisdiction of this kind of cases. The full text altogether can be divided into three parts:introduction, the main text, the concluding remark. Main text is included five chapters.First chapter elaborated on the elementary of the jurisdiction of the stockholder’s derivative action. It introduced the interrelated theory of the substantive law and the adjective law of Civil-Law System; the company democracy theory and the private attorney general theory of Common-Law System; the agency cost theory and the game theory of Legal Economics and so on. These theories can illustrate the justifiability of the jurisdiction.Second chapter mainly discussed two important problems about the principal part of the jurisdiction of the stockholder’s derivative action. The first one is which law court have jurisdiction over the action. In my opinion, the law court in the place where the company was have exclusive jurisdiction over it. The second one is about the trial organization. In my opinion, collegiate system is appropriate.Third chapter mainly discussed two important about the object of the jurisdiction of the stockholder’s derivative action. One is what kind of case could be put to trial as a stockholder’s derivative action. The other one is the relationship of the stockholder’s derivative action and the arbitration.Fourth chapter was about the content of the jurisdiction of the stockholder’s derivative action. It included judicial entity, command of the procedures and the interventions to an action of litigants’disposition.The last chapter elaborated on the basic principles of the jurisdiction of the stockholder’s derivative action. In my opinion, the principles mainly included legally exercising, first treatment by the company, combining application and an ex officio and judicial humility.