To Prevent Abuse Of Shareholder Derivative Litigation Rational Analysis And System Design

In the development process of the shareholders'derivative suit system, its positive sense is extremely obvious, but looks over the developed countrys' development process of shareholders'derivative suit, we can not neglect the possibility of abuse. In order to avoid duplicating English country's way of shareholders'derivative suit abuse, we should research how to construct the prevention system for shareholders' derivative suit abuse.Moreover in the practice process, the phenomenon of shareholders' derivative suit abuse is everywhere, some shareholders are in order to realize the personal interest to file the lawsuit under evil intention, some shareholders are instigated to take action by attorney who wants to pursue the high litigation expense and so on. Therefore, it is necessary to limit the difinition of shareholders'derivative suit abuse firstly in this article, and analyzes the concrete situation of shareholders' derivative suit abuse in the practice, and the necessity as well as value orientation in theory,finally on the basis of the realistic situation to propose our prevention system of abuse the shareholders' derivative suit,this article is divided into the following six chapters:The first chapter is mainly about the concept of abuse of shareholders' derivative suit, to define its specific definition. And on the basis to summarize and generalize the current specific manifestations of abuse of shareholder derivative suit.Chapter two is mainly to analys the necessity and the urgency of the establishment of the prevention system,from three aspects that specificity of prevention system,eliminate the negative effects and improve our legislation to carry out this theory problem,in order to nail down the reasons why to set up prevention system to prevent the abuse of shareholders' derivative suit.Chapter three is about making value assenssment of prevention system of abuse the shareholder derivative suit. Currently abuse of shareholder derivative suit is more serious, the aim of the prevention system on one hand is to avoid waste of judicial resources,and make rational use of shareholder derivative suit to protect the legitimate rights and interests of shareholders; On the other hand is to achieve the best benefits of the company ,as well as the neutrality of our legislation.Chapter four introduces security for expenses in derivative suit of shareholders' derivative suit to prevent the abuse. The United States and Japan regards this system as an important prevention system of shareholders' derivative suit abuse , on the basis of two countris legislation, we should analyzes the amount and the standard of security security for expenses.The main contents of Chapter five is about rebut system of prevention system for shareholders' derivative suit abuse,this chapter mainly analyse the rebut system on the basis of the business judgement rules,and discusses whether our country should introduces the the business judgement rules,and other problems of rebut system construction.The final chapter is about reconciliation system of shareholders' derivative suit.This system is differ to in our reconciliation system in our civil law,therefore,we should analyse the problems of reconciliation system of shareholders' derivative suit construction in our country.