我国股东诉讼制度体系的构建

司法救济是权利得以实现的最后屏障,股东诉讼是股东权利的保障和损害回复机制。股东直接诉讼制度和代表诉讼制度是构成一个完整股东诉讼制度体系不可缺少的两个组成部分。我国公司法关于股东直接诉讼制度的规定存在缺陷,也没有规定股东代表诉讼制度。构建一个合乎国情的由直接诉讼和代表诉讼组成的制度体系,使股东权成为现实可诉的权利,是我国公司立法急需解决的重要课题。

The construction of shareholder's suit system of our country

Juridical relief is the last guarantee of the implement of rights, and shareholder's suit is the most important way of protection of shareholders' rights and losses-retrieve. Shareholder's Direct Lawsuit System and Shareholder's representative Suit Systems are two indispensably forms of integrated shareholder's suit system. There are some limitations in the provision of Shareholder's Direct Suit in The Company Law of our country, and there is no provision about the Shareholder's Representative Suit. It's a very important question for discussion problem to set up the system that can be composed of direct lawsuit and indirect lawsuit adapted the situation of our country, the task is that the legislation of corporation law should resolve in our country.