公司股东诉讼费用承担的比较法研究

此次<公司法>修改强化了股东权,特别是股东的诉权.但关于股东行使该权利时所发生的费用应由谁承担的问题并无明文规定.如果期待股东能在公司治理结构中发挥作用的话,解决费用承担的问题意义不小.但该问题却涉及行使权利的股东与其他股东之间的利益如何调整的问题,制度设计上颇为棘手.为此,通过对日美两国作比较法的检讨,提出了完善我国公司法上相关制度的建议.

Debates over Shareholders Take a Action and Who should Bear the Fees

Shareholders' rights,particularly,the rights of shareholders' suit have been strengthened by the amended corporate law;however,there isn't any definitely regulation about who should bear the fees in the shareholders' action in the law.There isn't insignificant to solve the problem that who should bear the fees if the shareholders' functions are expected in corporate governance.But how to solve this problem is very trickiness,because of it relating to the issue how to regulate the interests between the shareholder who takes action and the others' shareholders.Heron,we proposal to reform the systems corners in Chinese Corporate Law through analyzing the American and Japanese approaches.