On Constructing The System Of Shareholder's Derivative Action

Derived from in the equity of common law in the 19th century, shareholder's derivative action is also adopted by several civil law countries and areas. Shareholder's derivate action has evolved into a nature and effective system of its own, which affords adequate and sufficient remedy for shareholder's and companies injured by wrongdoers behaviors. However, there's no shareholder's suit system in china, the defauit of which greatly influences the protection of shareholder's interest in judicial practice. Thus, it's imperative to introduce the differences of the system in the common law and civil law by way of comparision, which mainly discuss the scope and qualification of the plaintiff,the scope of defendant, fore-program of litigation, lawsuit's warranty, lawsuit's reconciliation, lawsuit's compensation and other stipulations. Finally, basing on the analysis hereinbefore, I articulate my points of view and suggestions regarding establishing Chinese shareholed's derivatve action.