Shareholder Derivative Litigation Justice

Shareholder derivative action is an important defensive barrier and deterrencemeans to defense the company insiders’ wrongdoing. However, in our judicial practice,it was as originally to be introduced to protect the interests of minority shareholderssystem has little effect, this deserves our deep consideration. In Anglo-Americancountries, the shareholder derived litigation system plays an important role onimproving the company structure, optimizing the corporate governance structure,inhibiting the arbitrary behavior of directors, senior managers and supervisors, andplaying a positive role in protecting the interests of minority shareholders. Therefore, itis emergency to improve the system and configuration the corresponding supportingmeasures, makes it operable and feasible, so the system can play its due role. The authorintroduces problems existing and status quo in judicial practice of shareholder’sderivative suits from a case. Combining justice practice of our country actual and usingfor reference experience abroad to seek the perfect solution that suitable for conditionsof China, and hope to play its due role in corporate governance in the future.