民事诉讼法视野下股东诉讼案件类型化研究——以《公司法解释(四)》为中心

Types of Stockholder Litigation Cases from the Perspective of Civil Procedure Law— Centralized on the Company Act Interpretations Four

在股东权益遭受不法侵害的情况下,法律允许股东通过直接诉讼或者股东代表诉讼的方式保护自己的权利,由此产生股东诉讼案件的不同类型。与普通民事诉讼案件相比,股东诉讼案件在当事人范围、诉讼请求、法律依据、诉讼种类、诉讼性质等方面表现出特殊性。现行《公司法》和司法解释关于股东诉讼案件的规定缺乏可操作性,亟待完善。《公司法解释(四)》对股东诉讼案件进行了类型化规定,在解决《公司法》适用问题的同时丰富和发展了民事诉讼的概念和理论,如民事诉讼当事人理论、第三人替代诉讼制度等。

When the stockholder's equity is illegally invaded,law system permits stockholder to direct sue or guarantee their rights by suits raised by stockholders ' representatives. Meanwhile,the different types of shareholder lawsuits are just originate from it. Compared with the common civil lawsuits,stockholder litigation are specialized in the range of involving parties,litigation requirements,and litigation type and litigation quality. The regulations towards the definition of stockholders' litigation types among the current Company Law and its judicial interpretation is inadequate during application. Terms about the categorization of stockholder litigation in Company Act Interpretations Four solve the application problems of Company Law. Simultaneously,the regulations also enrich and develop the interpretation as well ad the theory of civil litigation such as the involving parties and the alternative litigation system of the third party.