Shareholders On Behalf Of The Litigation System Is The Implementation Of A Number Of Issues

The Shareholder's Representative Action Derivative Litigation, as a kind of indirect protection system of medium and small stockholder's equity, have a history of more than 100 years abroad, is applicable generally to British and American legal department country especially, has formed the perfect legislation judicature system, the mainland legal system country in cites in the foundation which inherits, linked to respective reality to make some supplements to consummate, widely applied in the lawsuit practice, Thus in the protection of company benefit, especial in the indirect maintenance of the young shareholder rights and interests, has played a positive role. The law of corporation in 1993 was issued in particular historical period in our country, there are special historical missions, therefore, it fail to finish the construction of the lawsuit system of the representatives of shareholders. The new law of corporation has been just promulgated and enforced, represent the lawsuit system of the shareholder to include in the protection system of the stockholder's equity formally, compares with the British and American legal system country hundred remaining years of life judicial practices, the entity and procedure stipulation of this lawsuit system are all also slightly rough and insufficient, its concrete utilization needs more careful and specific stipulation. Following with the growing of the deepening of market economy and the tide of the economic globalization of the world, it is extremely urgent to construct and improve the lawsuit system of representative of shareholders which accord with the national conditions of our country. This article analyzed the connotation, nature of lawsuit right and legal principle of the lawsuit system of the representatives of shareholders profoundly, studied a series of problems in entity and procedure about foreign lawsuit system of representative of shareholders, put forward some opinion and proposal to the lawsuit system of representative of shareholders that just started in our country, in the hope of casting a brick to attractjade.