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当公司、股东的合法权益受到侵犯时,股东代表诉讼制度是一种重要的司法救济权利,但我国公司法尚未对此作出明确的规定,从而在实践中产生了许多亟需解决的问题。文章从股东代表诉讼的法理依据入手,在借鉴各国先进立法的基础上,结合我国的实际情况,对股东代表诉讼制度的立法提出若干建议。
When the legitimate rights and interests of the company and the shareholders are infringed, the shareholder representative litigation system is an important right of judicial relief. However, the Company Law of our country has not yet provided any explicit stipulations on the litigation system, so many problems have to be solved in practice. Starting from the jurisprudence basis of shareholders’ representative lawsuit, this article makes some suggestions on the legislation of shareholder representative lawsuit system on the basis of referring to the advanced legislation of each country and combining with the actual situation in our country.