An Empirical Study Of The Shareholder Derivative Litigation System

Article 152 of the 2005 edition of the "Company Law" firstly based on the legislative perspective to face the practical application of the shareholder derivative litigation system.With the establishment of the system,the content of the "Company Law" showed a stronger suability,the system industry Cost highlights of this revision.However,as far as the current situation is concerned,in the application of judicial practice for more than ten years,the court has experienced more problems in the trial and trial of such cases.The shareholder derivative litigation system is a transplanted legal system.For the time being,not to mention its own institutional deficiencies.In the process of localization,due to different economic environments and differences in national policies,various types of economic transactions have undergone significant changes.This change is mainly reflected in the specific form of transactions.This raises more complicated issues.The shareholder derivative litigation system was first written into the "Company Law" in 2005.China's research on shareholder derivative litigation is still in its infancy,and the research results are few,and most of them belong to theoretical research,and the empirical research results are little to no effect.Shareholder-derived litigation in the form of a case abroad can be traced back to the end of the 19 th century,but the theoretical and institutional perspectives on shareholder-derived litigation really began in the 1940 s and 1950 s,with the United States,Japan and other countries as the main representatives.Scholars from the United States,South Korea,Japan and other countries have carried out the most extensive research on the shareholder derivative litigation system,and the research conclusions formed are relatively rich.Western scholars generally agree on the application advantages of the system in judicial practice and have applied it.In judicial practice and jurisprudence.However,it must be acknowledged that the functionality of this system in practice has yet to be further explored.In order to enhance the practical value of shareholder derivative litigation system and guarantee its role in corporate governance,this paper analyses the relevant cases and discusses the current situation of its application based on multiple dimensions.Through the study,it is found that the number of shareholder derivative litigation is increasing year by year,and the number of cases occurs in the Southeast Coast and economically developed areas,and the companies involved are mostly companies.Limited liability company,because of the strict limitation of the plaintiff's litigation qualification,there are almost no limited companies.For the type and scope of the defendant,this paper supports a broad interpretation.In addition,this paper also analyses the specific problems of the pre-procedure and its immunity,and puts forward that appropriate judicial intervention should be carried out in the reconciliation and mediation procedure,withdrawal and counterclaim,etc.Finally,combined with the experience of judicial practice puts forward some perfect countermeasures.In the research of this paper,the empirical analysis method will be used to analyze the selected cases from the whole to the individual.The collected research samples range from 1993 to 2018,with a total of 49 representative shareholder derivative litigation cases,trying to get from the case.The overall situation,litigation subject,applicable conditions and litigation procedures analyze the specific application of the shareholder's derivative litigation system,and propose optimization suggestions based on existing defects.