股东代表诉讼中的费用激励问题探究

Analysis of Cost Incentive Mechanism of Shareholder Representative Lawsuit in China

构建诉讼成本激励机制能够最直接的解决股东代表诉讼中原告起诉动力不足的问题。在诉讼费用交纳上,对财产性案件,原告可先预交少量受理费,待案件审理完毕后再据判决补足;在费用补偿上,法院据申请判令公司对胜诉原告、善意败诉原告及带来实质利益的部分胜诉原告进行合理补偿较为适宜;在律师费用激励上,应扩大我国风险代理制度的适用范围,促进股份有限公司中小股东起诉。

The establishment of cost incentive mechanism can most directly solve the problem that plaintiff lacks motivation to prosecute in shareholder representative litigation. Plaintiff can pay a small fee in advance for property cases,and then make up cost according to judgment; it is appropriate that the corporation should compensate the winning plaintiff,the partial victory plaintiff with substantial benefits and the unsuccessful plaintiff with good intentions with reasonable expenses; for attorney fees,we should expand the scope of application on risk representation system in order to promote the minority shareholders in the joint- stock companies to file a claim.