On The Problems And Countermeasures Of Shareholder Derivative Litigation System In China

The shareholder derivative litigation system refers to the system that when the company's legitimate interests are illegally infringed by the company's internal managers or the third party outside the company,the company neglects or refuses to bring a lawsuit at this time,and the minority shareholders of the company with legal conditions exercise their litigation rights instead of the company,and bring a lawsuit to the court in their own name to safeguard the company's interests.As a special relief mechanism,a good and mature derivative litigation system can protect vulnerable interests,improve corporate governance and promote the development of the rule of law.Based on the current development of shareholder derivative litigation system in China,this paper studies the problems in judicial practice from the parties,pre-procedure,litigation incentives and other aspects,and seeks for countermeasures to make our shareholder derivative litigation system go further,so as to realize the purpose of introducing the system at first.