Research On The Pre-suit Requirement Of Shareholders’ Derivative Suits

Shareholders’Derivative Suits is a general company law system to protect the interests of minority shareholders. Preceding procedure is the premise of Shareholders’Derivative Suits, it requires must be submit to the company before shareholder derivative litigation claims, in addition to saving front application situation, such as the company refused to or after a statutory time no lawsuit, lawsuit to shareholders to obtain the rights of subrogation company filed a lawsuit. Our country "company law" article one hundred and fifty-two of prepositional procedure made relevant legal provisions. One of the purposes to Set the pre-suit requirement of Shareholders’Derivative Suits is to prevent the shareholder lawsuit and cause rampant litigation relentlessly, and thus set the pre-suit requirement is the derivative action set a certain threshold, the stop will be unqualified derived litigation in the threshold. Of the court, however, the number of shareholders derivative suit is less, not to mention rampant litigation, this means that the shareholder derivative suit has not yet become, jeopardizing the interests of minority shareholders rights means, did not play its purpose to protect the interests of the minority shareholders. So dealing with shareholder derivative litigation front-facing easing program. Ming analysis based on the shareholder derivative litigation prepositional procedure legal basis, as well as the world’s major countries under the premise of prepositional procedure legislative cases, give the empirical analysis to our country shareholder derivative litigation, which summarizes the prepositional procedure existence problems, and loosening the shareholder derivative litigation in prepositional procedure under the tone of Suggestions to perfect system.