Theoretical Analysis And Practice Of Multiple Derivative Suit

Derivative suit originated in the United States,in order to dealing with new issues that have emerged in the Enterprise Group,case law has developed multiple shareholder derivative suit system.It broke through the parent company’s legal personality directly entrusted to the parent company shareholders when subsidiariesparent companies failing to pursue directors’ liability for misconduct subsidiaries directors.The system is inevitable under the trend of enterprise group,shareholders would take multiple shareholder derivative suit system as a powerful weapon to tackle with error directors and error shareholders.For perfecting the Enterprise Group corporate governance,protection of the interests of minority shareholders,it is necessary to introduce shareholder multiple derivative suit system.But the shareholder multiple derivative suit system naturally has the indiscriminate possibility,so the system was still questioned by many.In this regard,this paper stressed the significance of introducing shareholder multiple derivative suit system to our country,and necessity to balance the system of protection of the interests and reduce the risk of abuse of balance.Chapter 1 and 2 mainly focus on the important of multiple shareholder derivative suit system and the theories of this system.Chapter 3 mainly talks about Japanese multiple shareholder derivative suit system.2016《Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law of the People’s Republic of China(Ⅳ》(drafts)expanded explanation of the 31st,it can be said that it has established multiple shareholder’s representative suit in China.But through the expansion of interpretive method,imposing conditions on the application of the system of shareholders’representative action,will bring many problems in judicial practice.Through the legal system and our law,sought to clarify the multiple problems in the shareholder representative litigation system in China,for subsequent judicial as well as provide recommendations on legislation to establish multiple action system.