Deficiencies In The System Of Shareholder Derivative Litigation And Its Perfect

This is the first time in the paragraph 152 of "the company law of Peoples Republic of China" to establish the shareholder derivative lawsuit. From the birthday of this lawsuit, it had some quite obvious differences from the other general lawsuit and the basic principles of company law. Because the shareholder derivative lawsuit is in order to authorize the shareholders for the company to claim the compensation, when the company didn't sue the person, who damaged the interest of company. It is not only a lawsuit to enlarge the shareholders' rights, but also a lawsuit to keep the directors and officers and controllers of the company from breaking their duties of loyalties and cautions. As a mature and independent lawsuit, shareholder derivative lawsuit has always been a hot spot in the academic and practical field of our company law. This article elaborated the shareholder to derive the lawsuit system to origin, the characteristic, the rationale and the goal value and so on. This article also introduced the foreign shareholder derives the lawsuit system's concerned requirements, and attempts to profit from the experience to find the solutions for Chinese legislative and judicial actualities about this question, with researching the rules of Company Law.