The Study Of Derivative Action System

The remedy of shareholder's right is a fundamental function of shareholder litigation system. In addition, the shareholder litigation system has some other functions of corporate governance, supervising directors' power, adjusting corporation management, for example.Derivative action exists mainly in the company field, and it is a characteristic legal system in the company law. In this article, there are four sections. In the first section, the dissertation describe about the derivative suit. In the second section, the dissertation distinguishes between the derivative action and the representative action and the litigation with subrogation, and discusses the litigant of derivative action, and analyses the status of company and the other shareholders in the litigation. The author has his opinions in establishing the derivative suit in china.