英国派生诉讼制度评述

1848年Fossv．Harbottle案确立的规则及其后来发展出的一系列例外，构筑了英国现代派生诉讼制度的基本框架，对世界各国的派生诉讼制度的发展都有着重要的影响．2006年《公司法》对派生诉讼制度进行了重要的修改，增加了许多别具特色并卓有成效的规定．尽管派生诉讼制度仍没有在英国发挥重要作用，但毕竞已迈出关键一步．

Institutional Review on the British Derivative Litigation

The rule of ＂Foss v. Harbottle＂ was established in 1848 and a series of exceptions developed then, which constructed a basic framework of modern British derivative litigation system. In 2006 the company law was an important modification of the derivative litigation system. But the derivative litigation still did not play an important role in Britain. One reason is that the basic principle of British company law is not to interfere in the management of the company; another reason is that the unfair damage relief litigation make derivative litigation lose its superiority. Generally speaking, Britain is gradually establishing a standard statutory derivative action.