股东衍生诉讼中原告股东资格及诉前要件研究

An Analysis of Qualifications of Plaintiff - Shareholders and Pre - suit Requirements in Shareholder's Derivative Suit

为维护公司和股东的利益,必须赋予股东以公司名义提起诉讼的权利,以便追究侵害公司利益的董事和高级管理人员的责任,这就是股东衍生诉讼制度。分析研究股东衍生诉讼中原告股东资格及诉前要件,必将有助于我国尽早建立股东衍生诉讼制度。

To protect the interests of corporation and of shareholders shareholders should be authorized sueing right in the name of corporation against directors and higher management who may account for violating biehaviors it is called shareholder's derivative suit. A thorough analysis of qualifications of plainiff - shareholder and pre - suit requirements in shareholder's derivative suit will certainly behefit China in establishing our shareholder's derivative suit system as soon as possible.