Comparative Study Of China And Japan On The Litigant Of Shareholder Derivative Litigation

The litigant of shareholder derivative litigation is an important problem that if we can give full play to the function of shareholder derivative litigation, guarantee the normal operation of corporate governance and protection of the legitimate interests of minority shareholders. If the legislation is too rough, there would be a lot of difficulties in the judicial practice. Section152in "Company Law" of China (2006edition) is the beginning of China’s shareholder derivative litigation, it has been less than a decade, the relevant legislation is still inadequate. From the introduction to the practice of development, shareholder derivative litigation in Japan has gone through half a century so far. After several modifications, whether physical or procedural aspects, it has made quite an achievement and has many contents which are worth our reference.By comparative analysis of China and Japan on the litigant of shareholder derivate litigation, this article is trying to give advices for improving relevant content of China. For this purpose, based on the basic content of shareholder derivate litigation and its litigant, this article makes comparative analysis of plaintiff qualification, scope of defendant, legal status of company and other shareholders.Through the above comparative analysis, combined with the actual situation of our country, for our litigant of shareholder derivate litigation, the author claims that we should add the subjective aspect of plaintiff qualification and perfect the qualifications of the shareholding requirements; reduce the range of defendant to a certain extent; clear that the company can be the third party without independent claims to participate in the shareholder derivate litigation; increase judicial interpretation on the content of other shareholders’s participating in the shareholder derivate litigation.