Shareholders On Behalf Of The Lawsuit Settlement System Research

Article150and article152in company law has regulated the shareholder derivative action system, it can be said to be a big progress. This rule will protect the shareholder's rights much more better to a certain extent, it also spend more time and more energy. So allow the parties to settle their contradictions is well. Lots of cases can prove the importation of the Shareholder derivative action system. So research the shareholder derivative action system have theory and practice meaning.But there are many arguments about whether the Shareholder derivative action can be settlement across the two parties. In this aspect, we should study the experience of it in U.S. and Japan. Through the study of the shareholder's derivative action settlement in U.S. and Japan, this paper try to analyze the theories and practice, the formation of the shareholder's derivative action settlement which contains plaintiff, defendant, company and the court. Then we will dispute the reasonable procedure of it especially the importation of the court review, and give some suggestions for the construction of it in our country.The formation of the shareholder's derivative action settlement which contains plaintiff, defendant, company in this paper. The form of the settlement is divided into plaintiff and defendant; company and defendant. We advise court to strengthen the examine of the settlement from entity and procedure aspects in the last chapter. At the same time, we will have a summary in each section.We hope according to this paper, people will have a whole comprehension about the shareholder's derivative action settlement system. To promote it have more function in protect people's rights and our society will much more harmony.