Shareholders Derivative Action Research

The new Company Law passed on Oct.27th in 2005,the system of Shareholder's Representative Action has been definitely provided in the new Company Law in China firstly. The establishment of Shareholder's Representative Action has significant meanings. However, some relevant mane is not very strong in practice.The essay consists of three parts. The first part is the general introduction of Shareholder's Representative Action system, includes the origination and development of Shareholder's Representative Action, the differences between Shareholder's Representative Action and other traditional action. In the second part, by means of comparative method, the author mainly analyzes the comparatively typical and perfect system of Shareholder's Representative Action of other countries (district), summarizes the legislation experience. In the third part ,the author analyzes the flaws which in the present system exists and brings forth the author's own ideas of the related aspects, such as the status of plaintiff, the rule of pre-procedure, the guarantee system of the litigation fee and so on .I would make the legislation of Shareholder's Representative Action system more perfect.