Research On The System Of The Double Derivate Suit

In recent years,the structure of enterprises in China is becoming more and more diversified and collectivized.The company relationship such as affiliated enterprises and parent subsidiary companies emerge in an endless stream.However,the application of legislation in adjusting the internal relations of enterprises under traditional single structure is lagging behind.The interests of minority shareholders are in jeopardy.The introduction of the double derivate suit has its practical value and necessity.In order to create the condition of introduction,in the present realistic environment of our country,we should start with the theory of the double derivate suit and combine the concept of efficiency and fairness from the Company Law,and make necessary reform on the basis of the system.First,from the practical point of view,we can see the fact that the current derivative litigation is actually invalid because of many factors,such as the structure system of the corporate group and the internal control structure,and the contradictions and disputes.Secondly,we should admit that the current system is introduced into the dual constraints of external pressure caused by judicial intervention and real economic structure.It is necessary to improve the theoretical basis of the system,overcome the obstacles of the theory and cognition in the field of justice with an open mind,and ensure the proper application of the system.On the other hand,set a limit to prevent from overdoing in judicial practice intervention.Besides,to avoid the "climate sickness" of system introduction,it is necessary to make sure that the system is both based on the current company structure and combined with the concept of Company Law and the Economics of Law,design the localized system including subject' s qualification?pre-set proceedings.In order to give full play to the supervision role of shareholders,especially who are small or medium-sized in the group environment,this article focuses on the plaintiffs qualification conditions and limited to the right to hold "control" to the right to vote,which should be loosely grasped without affecting the normal operation of the company.On the contrary,the plaintiff shareholders are limited appropriately in the prepositional procedure.It is necessary to distinguish the Priority qualification of the plaintiff shareholders and review the premise of damage.Focusing on balancing relationship between the interior of company,leading the company to develop.