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随着我国市场经济的不断发展和完善,公司实务中少数股东权益受到侵害的纠纷案件时有发生,而我国新修正的《公司法》首次确立的股东代位诉讼制度,也只作原则性规定,司法实务中操作和程序保障等配套体系又尚付阙如。而英美法系的股东代位诉讼制度相对完备成熟。为此,结合我国司法实践,借鉴美国股东代位诉讼当事人制度的有益经验,完善我国具有实务操作性和程序保障体系的股东代位诉讼制度。
With the continuous development and improvement of the market economy in our country, the cases of disputes over the infringement of the rights and interests of minority shareholders in the practice of the company have taken place from time to time. However, the system of shareholder subrogation of shareholders, first established in the Company Law of our country, Judicial practice in the operation and procedural support and other supporting systems are still missing. While the common lawsuit system of shareholder representative in common law system is relatively mature. To this end, combined with the judicial practice in our country, drawing lessons from the beneficial experience of the system of litigation parties in the United States as shareholders, the system of shareholder representative proceedings with substantive operability and procedural safeguards in China is perfected.