Shareholders Derivative Action Research

Shareholder Derivative Suit, founded by the countries of the common law, is a special system designed for the minority stockholders to sue instead of their company when their company was infringed. This kind of action is not same as the general actions that sued directly by the stockholders, but it operates effectually in the countries of the common law. In 2005, we have set up such action in Chinese legal system. This article tries to introduce this kind of action and analyses it contrasting with some other proceeding systems. And then raises some ideas of completing the action in China, on the base of the use for reference of the law of some countries and region.China imported content in the translation of Shareholder Derivative Suit System has been established. relevant countries and regions should draw on the system design based on mature, improve shareholder derivative suits our proceedings, to determine the eligibility of shareholder derivative litigation. management, and the cost of litigation security system. Meanwhile, in order to highlight the power derivative litigation in corporate governance monitoring, judicial review should also foster the concept of shareholder derivative litigation, shareholder derivative litigation established the principle of judicial review is limited review. define the scope of judicial review filed by the principal, from the defendant to establish the scope of judicial review.In short, shareholder derivative litigation system has its practical and theoretical basis. litigation and legal entities in the system and should be on issues related to constantly improve the legal system.