Research on the Qualified Plaintiff of the Derivative Lawsuits in China

Derivative lawsuit is an important content in corporation law.Since the introduction of China's company law,who is the qualified plaintiff has caused the wide concern and discussion among the theorists.The plaintiff of derivative lawsuits determined rationally is important link for playing the value of the system function and preventing abuse.Starting with the concept of the shareholder's right of appeal and the restricting of the qualified plaintiff,this paper presents that the right of plaintiff is based on the rights of shareholder and legal regulations.The author,according to the short of the qualified plaintiff of the present legislation in China,has some suggestions from types of shareholders,shareholding ratio,continued shareholding time and subjective elements in this paper to stipulate the plaintiff qualification.