On The Shareholder's Derivative Suit Filed

Shareholder's Derivative Suits is an important system in company law. In the operation Proeess of a company's interest may be infringed by directors ,supervisors and senior managers. As a victim,the company has right to claim compensation to the infringgers. Hoever, in case that the company refused to claim copensation to the infringers, the interests of small Shareholder will be infringed. The company law of China amended in October 25, 2005, introduced share holder's Derivative Suits system, which provided judicial relief method to protect share holders especially small shareholders's inierests. This paper intends to provide some suggestive value tropism and entity rules through introduction and analysis on Shareholder's Derivative Suits.This paper consists of introduction,text, conclusion. The text could be divided inio three parts. respectivelyThe first part is brief introductiont to shareholder's Derivative suits, which could be divided into five parts. Respectively: the meaning,characters's,the differences between Shareholder's Derivative Suits and other systems related,the functions and the history.The second part introduces legislation of UnitedKingdom, U.S.A, Japan, Taiwan district of China through coparison analysis method. Shareholder's Derivative Suits originated from equity law in United kingdom. This paper specially iniroduces systems on the prosecution of Shareholder's Derivative Suits. this paper intends to provide suggestions to perfect Shareholder's Derivative Suits in China.The third part provides roads to perfect shareholder's Derivative Suits in China. In this part, the author provides Suggestions in five aspects, especialy in Plaintiff's qualification of shareholder,expenses in Shareholder's Derivative Suits, defining of company and other shareholders's legal position in Shareholder's Derivative Suits, and the business rule to determine.The last part of this paper is conclusion ,through referring to theoretic fiuits on Shareholder's Derivative Suits in other countries and theoretic situation of Shareholder's Derivative Suits system in China, is to conclude some suggestions, which are suggestive in the view of the author, in order to perfect Shareholder's Derivative Suits system in China.