The Narration and Consummate Suggestion on the Correlation Stipulation of Shareholders' Derivative Suit in China

The Shareholders' Derivative Suit is the important method that the Corporation Law entrusts the shareholder to defend the company legitimate rights and interests.After our Corporation Law was revised in 2005,it increased the derivation lawsuit correlation stipulation,which includes the plaintiff shareholder's qualifications,defendant's scope,lawsuit aspect and pretage procedure.All of these fully absorb other national merits,and have the Chinese characteristics,but in plaintiff's scope,the limitation of action and evidence presented responsibility;our corporation law still has many deficiency and need supplement gradually and the consummation also should increase the derivation lawsuit in the Civil Procedure Law.