| 英文摘要 |
As one of the relief mechanisms for protecting the legitimate rights and interests of minority shareholders, derivative action has been adopted by many countries. When the People’s Republic of China amended the Company Law in 2005, it formally established the shareholder derivative action system. In practice, although the number of derivative action cases has risen, the value of the institution has not yet been fully demonstrated. Also, although there are many inherited loopholes in this system, there are also some difficulties in perfecting the system by itself. From the perspective of the global development trend, it is not difficult to find out that the system of derivative action shows “a long time will be loose, loose for a long time will be tight” by comparing the system of derivative action in several representative countries such as Anglo-American legal system and civil law system. The country that originally strongly encouraged the derivative action, now releases a signal of tightening. In the past, countries that imposed various restrictions on derivative action now show signs of relaxation. This development trend is related to the inherent attributes of derivative action itself and to other shareholders’protective mechanisms and the economic development of a country. There is reason to believe that this trend of development of derivative actions will continue. |
