A Study On The Derivative Litigation System Of Shareholders In China

This article based on improving the shareholder derived litigation system of our country as a visual Angle, to discuss the reflection and improvement of the shareholder’s derivative action, from it’s general theory, history investigation, judicial structure as well as our country shareholder derived litigation system, by comparison and comprehensive analysis and other methods. Contrast the mature foreign shareholder derived litigation legislation and practice, it is illustrated that there are many deficiencies and places need to be perfect in china’s shareholder derived litigation system program. And based on the situation of our country, from the legislation and judicial, and other Angle, putting forward relevant suggestions to improve our country’s shareholder derived litigation system programming, hoping to provide perfect reference opinions to our country shareholder derived litigation system. The full text is divided into three chapters:The first chapter is mainly about the related overview of shareholder derived litigation system. Through the investigation analysis the processing of establishment of shareholder’s derivative action system and, litigation base and rule base, reasoning shareholder right is the substantive law foundation of shareholder derived litigation, the litigant advantage is shareholder derived litigation of procedural law basis. Through the analysis the rule base of the shareholder’s derivative action system, to reason that shareholder’s derivative action system is an irreplaceable role to corporate governance and maintain social and economic order,and balance shareholder litigation and business judgment principle is a basic principle which should be abide when designing the shareholder’s derivative action system.The second and the third chapters are through the contrasting and referencing the foreign shareholder’s derivative action party system, program construction of legislation and practice experience, analyze the present situation of the shareholder derived litigation system, illustrates that China shareholder derived litigation system’s existing problem and reason analysis. From the point of view of legislation, judicial practice and corporate governance practice, to argue how to improve the existing shareholder’s derivative action program design from the needs of company management development of our country at present, and put forward the corresponding proposal.