Legal Reesearchon Shareholder Derivative Suit System

Shareholder derived litigation,also is the so-called shareholder representative litigation,subrogation litigation.In fact,before 2005,the system has been in China’s judicial practice,and new corporation law in China,is the first time the shareholder derived litigation in the form of law,but even so,for the concrete implementation of the derivative action but did not give a very detailed rules.As the reform and opening up,the continuous development of commodity economy,facing all kinds of disputes in judicial practice,the original law there is no way to cover it.Based on this,the legal reform is imminent.And the introduction of shareholder derivative lawsuit system is also based on this.On the one hand,in some large public companies,share holders violated the company’s growing,and shareholders by so-called has serious harm the interests of the company and other shareholders,and influenced the normal development of market economy as a whole.Due to the continuous development of market economy,our company also has a growing,the existing law cannot satisfy the development of market economy.Many legal problems gradually revealed.Due to the development of the company far beyond the contents stipulated in the company law,based on the relevant provisions of the principle of capital majority,minority shareholders interests is always be ignored,this situation makes the big shareholder control most of the company.We didn’t slow down,with the judicial practice unceasingly,also with the company law to improve continuously.Our country in 2005 the new "company law" in article one hundred and fifty and article one hundred and fifty-two have involved the rights of shareholders,to some extent,is not only attaches importance to the system,and promote its development.This system has been rooted in the law of our country in the legislative way,such a policy will promote the development of the company.Therefore,to perfect our country shareholder derived litigation system,not only can awaken investors shareholders consciousness,to prevent running off the state-owned assets,and the individual taking judicial relief can be fully utilized,so as to make up for a lack of government supervision,but also can cause countries make full use of the individual regulation of litigation for the company,so no matter in theory or practice,it is of great significance to further improve the system of shareholder derivative Sue.