对我国股东代表诉讼制度的思考与分析

Thoughts and Analysis on Shareholder Representative Litigation System in China

股东代表诉讼制度是我国公司法中一项重要的制度,旨在保护公司的合法权益,该制度的引进在我国法律史上具有里程碑意义,填补了立法空白。目前我国关于股东代表诉讼制度适用中出现的问题关注度还不够,在司法实践中,该项制度也未充分发挥其作用。为一步维护中小股东的合法权益,充分发挥我国股东代表诉讼的保障作用。本文分为四个部分,股东代表诉讼制度价值、股东代表诉讼相关理论的研究、我国股东代表诉讼司法实践中存在的问题和我国股东代表诉讼制度的完善路径。针对我国立法空缺、原告资格限制、诉讼成本高、前置程序规定模糊等问题为切入点展开分析,提出相应的完善对策,以期实现股东代表诉讼制度在司法实践中发挥出其本身应具有的价值。Shareholder representative litigation system is an important system in our company law, aiming at protecting the legitimate rights and interests of the company. The introduction of this system has a milestone significance in our legal history and fills the legislative gap. At present, China has not paid enough attention to the problems in the application of the shareholder representative litigation system, and the system has not fully played its role in judicial practice. In order to safeguard the legal rights and interests of minority shareholders and give full play to the protection role of shareholder representative litigation. This article is divided into four parts, the value of the shareholder representative litigation system, the research of the relevant theories of shareholder representative litigation, the problems existing in the judicial practice of shareholder representative litigation in our country and the perfect path of shareholder representative litigation system in our country. This paper analyzes the problems such as legislative vacancy, plaintiff qualification limitation, high litigation cost and fuzzy pre-procedure, and puts forward corresponding countermeasures to realize the value of shareholder representative litigation system in judicial practice.