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一、股东代表诉讼制度的概念和特征所谓股东代表诉讼又称股东派生诉讼、代位诉讼,是指当公司的权益受到侵害而公司却怠于或拒绝追究侵害人责任时,具有法定资格的一个或多个股东为了公司的利益要求侵害公司权益者赔偿公司损失而依据法定程序代表公司提起诉讼的一种制度。代位诉讼的性质是指,公司作为独立于股东的具有法人资格
First, the concept and characteristics of shareholder representative litigation system The so-called shareholder representative litigation, also known as shareholder derivative litigation, subrogation litigation, refers to when the rights and interests of the company has been infringed and the company lazy or refused to hold the infringer liable, the statutory qualifications of one or A system whereby a number of shareholders, on behalf of the company, file a lawsuit in accordance with legal procedures in the interest of the company for those who claim against the company’s rights and interests to compensate the company for damages. The nature of the subrogation lawsuit is that the company has legal person status as an independent shareholder