The Research Of Shareholders Derivative Action Of China

In china, Accompany with the emendation of new Corporation Law, the "Shareholders' Derivative Action" system have already established, but there still are a lot of problem need to be resolved. According to the analysis of Article 152 in the Corporation Law and the reports of related inquisition data, it tells that the Derivative Action is lack rather than excess in China. So the clou of this thesis emphasis on the encouraging the shareholders to defend their right by "Shareholders' Derivative Action" . Based on this clou, the thesis carries on the understanding of the article 152 in Corporation Law, and beginning with discussion about the designation of this new legislation, the compare to other similar action legislation, the restriction to the plaintiff shareholders (such as: the proportion of holding stock, holding stock time, security for expenses etc.), the company's role in the Shareholders' Derivative Action.The thesis researches the derivative action on the follow parts.Part one is the summary of the derivative action. In this part it introduced the conception, development of the action.Part two analyses the derivative action with some correlative proceedings. This part researches on the difference, the related points and the transform between the derivative action and direct action.Part three analyses the concrete law system. Comparing with the law of foreign countries and districts, this part involved the problems of the qualification of the plaintiffs, the role of other shareholders, the range of defendants, the role of the company, etc. Finally the author illustrates her own attitude and opinion.Part four draws a conclusion after summarize the whole article.