股东代表诉讼制度有关程序研究

我国现行公司法未确定股东代表诉讼制度,但在司法实践中,有些法院已经开始受理此类案件。由于股东代表诉讼涉及一系列公司法理论问题,有不同于一般民事诉讼的特点,人民法院在审理此类案件时遇到了一些程序障碍。本文通过考察国外股东代表诉讼法律规定,对这一制度有关程序问题进行分析和探讨,结合我国司法实践,提出建议。

A Research into the Procedure in Shareholder's Representative Action

The shareholder's representative action has not been established in China's current corporation law, but in practice, some courts have accepted and heard related cases. Since shareholder representative action involves a series of theoretical problems in corporation law and has distinguishing features different from general civil action, the people's court is often confronted with obstacles to the procedures when trying such cases. The paper analyses the procedure in the shareholder's representative action system through observing and studying the foreign laws and regulations, and at the same time makes rational proposals in relation to the judicial practice in China.