A Study On Qualified Plaintiff In Double Derivative Suit

Stronger to survival.The protection of the rights and interests of minority shareholders is always the most important part of China's corporate law system.But in the daily production and operation of the corporate,there are no shortages of major shareholders who use their shares to take advantage of their shares to gain their own interests,and they control and even run over small shareholders.Minority shareholders,they do not understand the corporate's operating conditions,have no right to participate in decision-making and can't protect their own interests on shareholder.Since the “Corporate Law of the People's Republic of China”(hereinafter referred to as the “Corporate Law”)for the first time established the derivative suit in 2005.It not only provided important relief channels for minority shareholders to safeguard their own interests,but also improved the corporate law system in China.However,with the rapid development of China's economy and the continuous expansion of the capital market,the form of our corporate has changed from a single structure to a multiple structure.It is inevitable that there are obstacles to the application of laws in the modern corporate law based on a single corporate and in the emergence of multiple companies.In our corporate law system,there is no relevant regulation concerning the double derivative suit system.Although the Supreme People's Court of the People's Republic of China(2016)issued the “Regulations on the Application of the People's Republic of China Corporate Law(4)”(Draft for Comment)(hereinafter referred to as“ Draft”)for the first time referring double derivative suit,the real implementation of the regulations evited it.In reality,similar problems will inevitably appear in China's judicial trials and can't t be resolved.For example,the most representative case of the“Jiang Wenhong ”,the court finally dismissed the litigation request on the basis of unqualified of plaintiff.Cases in these practices have exposed the shortcomings of the existing derivative suit system.In accordance with the basic principle of “Where there is damage and there is remedy,” we must regulate and study how to solve the similar problems.As the court's final decision justified,the qualified plaintiff is the basis and prerequisite for the smooth conduct of the lawsuit.It is very important to study the qualified plaintiff.In view of the fact the derivative suit and the double derivative suit can be used for reference in the application and regulation of the law,the 151 th article of the“Corporate Law” in China,which provides a basis for the regulation of the double derivative suit.