Judicial Application Of China’s Shareholder’s Derivative Action

Shareholder’s representing litigation system is accompanying with the development of modern company system and perfect and output kind of litigation mechanism. Because of vehemence of the market compete and continuous of the business enterprise annex, the company conducts management gradually the profession turn, the separation phenomenon of the company ownership and management right is nothing new, may appear board director, supervisor etc. from here the senior executives personnel injure company benefits or company big shareholder with win small situation of shareholder benefits conflict. Shareholder’s representing litigation system is an important system of modern company law and provided a kind of very effective succour method for the rights of small shareholder in the guarantee.The our country carried on emendation to "company law" in2005, for the very first time represent litigation system the shareholder formally lead go into, from the angle of entity method to plaintiffs qualifications, accused and claim for initiating public prosecution ex-placed aspects like procedure,etc to carry on rules, and start making use of in the judicial fulfillment.But, section152Companies Act lawsuit concerning shareholder’s derivative action is total three styles of the rules slightly show coarseness, too principle and general, the procedure method didn’t carry on homologous rules as well, shareholder’s representing litigation system to exist a concrete ruling is been partial to conservative etc. Irregularity, this text with the company law Article152concerning shareholder representative the law of the litigation designate as to study point of departure, with the concrete law apply for lord line, pass analytical British and American experience of the litigation system lawmaking and fulfillment for waiting a western national shareholder representative, put forward some suggestions and concretely perfect measure, make shareholder representative litigation the system that outside transplants from the area at our country can get to better apply.In addition to preface and conclusion, this text is divided into four parts:The first part is the concept that represents litigation system to the shareholder introduction. The article elaborated shareholder first representative litigation of content and characteristic, represent the differentiation of litigation system and shareholder direct litigation to take into to clarify to the shareholder, then to this system at our country of lead go into carry on a simple investigation with development present condition, finally represent the principle that the litigation follows to carry on synopsis treatise to the shareholder.The second part is to represent litigation system to our country shareholder judicatory usage present condition of investigation. Representative from the shareholder litigation corpus, litigation procedure, and litigation expenses...etc. several aspects represent the problem of litigation system existence to carry on analysis, thinking and research to our country shareholder.The third part is the research and investigation that represents litigation system to the foreign shareholder. From compare the method angle represent the corpus qualifications rules, litigation procedure and litigation expenses system etc. of plaintiff, accused and company that the litigation system involves to carry on research and thinking to the shareholder.The fourth part is our country shareholder representative litigation system of perfect with development. Fore the text represents litigation to the shareholder the foundation of analysis and substantial evidence research more up, put forward concerning the explicit company represents litigation in the shareholder in of the position and perfect plaintiff affirm with the corpus qualifications of accused, the shareholder represent a litigation procedure, litigation expenses institutional suggestion.