Shareholders Derivative Action Research

The shareholder derives the lawsuit system is one system which our country new law of corporation stipulated explicitlyThe shareholder derives the lawsuit system to the company mechanism normal operation, the young shareholder benefit protection has the extremely vital significance.This article through to the basic theory research, through compares each kind of legislation pattern the success and failure, puts forward the proposal for our country new law of corporation being suitable with the revision.The full text divides into the foreword, the main text, the concluding remark three parts. The foreword part takes the actor's opening words, is for the purpose of explaining the author in the selected topic aspect consideration. Main text altogether three chapters.First chapter mainly derived the lawsuit system to the shareholder the basic theory to conduct the research. Discussed its concept, the origin and the development, the function; Discussed the shareholder to derive the lawsuit to mention the power the legal principle theory of law foundation, derived the lawsuit concrete system for the shareholder the design to indicate the direction; Also derived the lawsuit and the shareholder direct lawsuit to the shareholder has carried on the discrimination, strengthened its feasibility.Second chapter revolves the shareholder to derive the lawsuit system design quest ion, to main national and the local law of corporation (mainly was US, Japan and the European Union country) is connected the content to carry on the comparison. The goal is derives the lawsuit system for our country shareholders being suitable to provide the reference with the consummation.Third chapter first discussed establishes this system the significance, simultaneously refers to our country new law of corporation deficiency. Then derives the lawsuit to the shareholder the system consummation to put forward the corresponding legislation proposal. The concluding remark partial author carried on again to the article primary coverage carefully examined, and the insufficiency which possibly existed to the article has given showing.