论我国股东权利的司法救济

On the Justice Relief of shareholder's Rights

司法救济是权利得以实现的最后屏障。股东权利的司法救济,是股东在其权利遭受侵害时,向法院提起诉讼以保护自己权利的一种手段,即股东的诉讼提起权,分为股东直接诉讼和股东派生诉讼。在我国确立和完善股东诉讼制度,对于弥补我国现行公司法之不足,切实保护股东利益有着重要作用。

Justice relief is the last guarantee of the realization of right .The justice relief of shareholder's right is a means that the shareholder lodges complaint to court for protecting his own right when his right was invaded,that is the right of litigating . The sharehold's action system are integrated by Direct Litigation Derivative Litigation. Establishing the shareholder's action system in our country has great importance in making up the lack of company law and protecting the shareholder's interests .