The Derivative Litigation System in Japan and Its Enlightenment to China

The incentive and constraint system of derivative litigation in Japan is adjusted in time with the development of the Japanese economy. Its goal is to enable law to render services to economy. Japan's regulations of derivative litigation play a good role in practice,including the limitations of plaintiff shareholders,the compensation to the plaintiff with good intentions and the punishment to the malicious plaintiff,the waiting period and requesting authority,and the acceptance of multiple derivative suit. Those regulations have the important enlightenments to China's construction of the system.