利益平衡视角下公司股东代表诉讼制度的未来构建

Future Prospect of the Shareholder Representative Litigation System from the Perspective of Interest Balance

股东代表诉讼制度是我国证券市场规模化发展的必然产物,也是捍卫中小股东权益的重要依据。股东代表诉讼是对现有公司法的特殊补充,且有助于促进我国证券市场的良性发展,但其在司法实践过程中却逐渐显现部分弊端。本文采取定性分析法和案例调查法收集我国股东代表诉讼案件,整理目前我国股东代表诉讼制度司法实践情况,从中小股东起诉门槛、诉讼前置程序、中小股东诉讼成本三个方面剖析现有我国股东代表诉讼制度存在的问题,以利益平衡为视角提出我国股东代表诉讼制度完善措施是降低中小股东起诉门槛、健全诉讼前置程序、完善诉讼成本和费用界定等,为我国股东代表诉讼制度完善提供可行性参考建议。

Shareholder representative litigation system is not only an inevitable result of the scale development of China’s securities market but also an important basis for defending the rights and interests of minority shareholders.Shareholder representative litigation is a special supplement to the current company laws,promoting the benign development of China’s securities market.Some drawbacks,however,gradually emerge in the judicial practice.The problems existing in China’s current shareholder representative litigation system were analyzed in this paper from three aspects,namely the prosecution threshold for minority shareholders,the pre-litigation procedure,and the litigation cost for minority shareholders,by collecting shareholder representative litigation cases in China and sorting out the judicial practice of China’s current shareholder representative litigation system through qualitative analysis and case survey.From the perspective of interest balance,the measures to improve China’s shareholder representative litigation system were put forward that the prosecution threshold for minority shareholders should be lowered,the pre-litigation procedure be optimized,and the definition of litigation costs and expenses be improved,thus providing feasible reference suggestions for the improvement of China’s shareholder representative litigation system.