The Study Of The Problem Of Judicial Application Of Shareholder Representative Action

Shareholder derivative litigation originates from the creation of the Anglo-American legal system,which is regarded as a genius invention of the common law country as a lawsuit mechanism to let others take responsibility for the company.China actively draws on the western beneficial system,sums up the trial practice of our country,and formally establishes this system in the company law revised in 2005.Then,the Supreme Court through the judicial interpretation,the practice of the more controversial part of the issue is clear.To date,the system has been established for more than 10 years.But generally speaking,the system stipulation of shareholder’s representative lawsuit,the related rules are also comparatively principle,left a larger free space to judicial practice,different district Court even the same court different judge appeared "the same different adjudication" phenomenon,this kind of case the change rate has been persistently high is this question the direct reflection.At present,the research on shareholder’s representative lawsuit is engaged in the theoretical discussion and the suggestion of legislation is more,but the focus is on solving the problem of the judicial practice.To this end,the author from the perspective of practice,combined with the collection of relevant typical cases,on the practice of a number of common problems are discussed.These problems include the parties of shareholder’s representative action,the pre-procedure,the distribution of burden of proof,mediation,conciliation,withdrawal,execution and other procedural issues,and so on,hoping to provide some reference for judicial practice.