我国公司法规定的诉讼前置程序,如前所述,对阻止股东滥用诉权有积极的意义,但是只凭这一种机制来约束似乎过于原则化,原因在于它的规定不能够直接面对具体情形。为更进一步平衡股东派生诉讼的利益,合理约束原告股东的起诉权,本文提出了股东派生诉讼费用补偿制度。 As mentioned above, the procedural preemption procedure stipulated in the Company Law of our country, as mentioned above, has the positive meaning of preventing shareholders from abusing their rights of action. However, it seems that the restraint by such a mechanism is too principled because its provisions can not directly face the specific situation. In order to further balance the interests of shareholder derivative litigation, and to reasonably restrain the plaintiff shareholders ’right to sue, this paper proposes a compensation system for shareholders’ derivative litigation costs.