Shareholders' Derivative Litigation:Balance of the Company Autonomous and the Judicial Intervention

Shareholders' derivative litigation is a system arrangement.The shareholder may file the lawsuit for company's benefit.It was established in the British and American legal system and imitated by other countries.The Company Law of China in October 2005 has established the shareholders' derivative litigation.This article constructs the balanced idea of the company autonomous and the judicial intervention through explaining its law foundation and designing prosecutor seniority,prepositive procedure and the limit of plaintiff shareholder's right,to consummate our country's shareholders' derivative litigation.