Legal Research Of Shareholder Derivative Suit System

Shareholder derivative suit system is Chinese new suit system, In2005, it became a part of Chinese law system. It originated in Britain, the development in the United States. It refers to when the company’s rights are violated, as the company delayed in or refused to prosecute, eligible shareholders in its own name for the company filed a suit. Due to the particularity and new type of shareholder derivative suit system, although its adopted by our country law, the rules of derivative lawsuit system is not very perfect.The essay consists of four parts. The first chapter, the shareholder derivative suit system is introduced in general. The second chapter compares shareholder derivative suit system with related suit system, in order to further clear connotation and extension of shareholder derivative suit system.The third chapter is mainly based on the developmental status of China’s current law, then expounds the legislation and judicial present situation of shareholder derivative suit system. By means of this research, discovered this suit system’s shortage in the qualification of parties, prepositional procedure, guarantee, legal consequences etc in our country.The last chapter aims at the shortage of shareholder derivative suit system, raises the perfect suggestions. Will in the future shareholder derivative suit system be able to get better development and utilization. Believe that with the constant improvement of China’s legal system, the probability of such litigation in judicial practice, in terms of shareholder derivative suit system in the legislative and judicial rules also will become more mature.