The Plaintiff Of Shareholder Derivative Litigation

As it known to all, article152of the corporation Law has structuredthe basic frame of the shareholder representative litigation. But thelegislation on plaintiffs of shareholder representative litigation isrelatively backward in our country. So far，there is no clearly provisions.In other words，there are some provisions which are excessively principleand generalized. So it exists a greater elastic space in both explanationsof concepts and the operation of the program. For example，is the plaintiffwho plays an important role in the shareholder representative litigationthe same as person who is the applicant in the reposed procedure? And whatare the territory of the prosecutor of shareholders? What are the elementsof the litigation the prosecutor of shareholders institutes? Are thereanything which we can take examples from the foreign countries in someaspects? What are the most important rights and obligations to be a subjectof action? In this paper,it is going to discuss these questions in thefollowing aspects.The first part aims to clear the relationship between the plaintiffand the reposed procedure in the shareholder representative litigation.It is going to discuss the differences between the plaintiff and the applicant in the reposed procedure from the legal relationship attribute,the behavioral object，and so on. It also gives some special cases howthe applicant becomes the plaintiff.The second part discusses the requirements and scope about theplaintiff in the shareholder representative litigation.The requirementsare discussed from some aspects such as the holding time ofshareholder,the number of shares，the subjective good will，the statusof be the shareholder.and the capacity which the shareholder can discussthe plaintiff.The third part discusses the rights and obligations of theshareholders. The content of the legal relation subject is reflected bythe right and obligation. So the plaintiff,as the legal relation subjectin the shareholder representative litigation, should also have theattendant rights and obligations.