股东代表诉讼制度及其在我国的确立和完善

The Shareholders' Representative Litigation System Its Establishment and Perfection in China

世界各国公司法大多确认股东代表诉讼制度，它对公司股东尤其是小股东监督公司营运，防止内部人控制，保障股东权益具有重要意义。虽然我国《公司法》对此未作明文规定，但是我国的司法解释实际上已经认可了此项制度，只是还不够规范和全面，有必要不断发展完善。

The shareholders' representative litigation system is recognized by most corporate laws around the world. The system is of great significance to shareholders, especially small share- holders, to supervise company operations, prevent insider control and safeguard the rights of all the shareholders. Although no explicit provisions are provided in Chinese corporate laws, yet juridical interpretations acknowledge the system. As the system is not very standard and comprehensive, there is need for it to be deVeloed and perfected.