The Shareholder Double Derivative Action From The Perspective Of Corporate Governance

This paper,from the perspective of corporate governance,re-examines the existing shareholder derivative action system in China.With the complication of the company’s form and structure,the agency problem in the parent company is also escalating.When the subsidiary’s personality is weakened and the capital interests are aligned,it is easy for the large shareholders and directors in the company to conduct illegal behaviors for their own interests,thus causing the subsidiary’s interests to be damaged.Existing shareholders derivative action cannot fully protect the interests of the parent company shareholders,so the author collected the localization of Chinese typical cases,localization based on the analysis of the situation,through the literature outside of China(Mainland),the comparative analysis on foreign legal norms and case,and review method established norms in our country,trying to build our country shareholder double derivative action system,so as to improve the corporate governance in the protection of rights and interests of minority shareholders.