When the interest of a company is damaged, the plaintiff shall be the company in principle. However, in many cases, the company refuses to bring suit or is slack in bringing suit; moreover, some companies are un? able to bring suit and some lawsuits will delay the opportunity of winning. These are the reasons for the applica? tion of shareholder representative suit. Misuse of“request for futility”exists in judicial practice. The indepen? dent personality of the company is not respected.“Request for futility”is not indispensable. In order to reduce the operating cost of the system, it is necessary to strictly limit its application and clarify its applicable rules. Whether the pre-suit demand is futile shall be judged according to the proportion of directors and supervisors who have interests or are absent in the corporate management. If the shareholder also serves as a supervisor, it shall not be exempted from the pre-suit demand.