综观2008年涉及公司企业具有代表性的新案件,呈现如下特点:随着公司法及新司法解释的实施,公司新类型案件逐年增多,如隐名股东退还出资、否认股东资格等,但是大量公司类型诉讼仍旧集中在股东代表诉讼、股东知情权诉讼、司法解散等前几年出现的类型;提供中介服务的行业卷入诉讼增多,同样说明中介服务更深程度地介入公众的经济生活;消费者维权更加理性,注重实际,法律专业人士仍然是挑战行业惯例的先锋;随着网络、金融工具深入到人们经济生活的各个方面,产生的纠纷也层出不穷。与前年度相比,2008年度涉及公司企业的新类型案件种类趋于下降,求新求奇的诉讼明显减少,前几年出现的新类型案件呈深入发展,同时,部分案件争议性强。本文所选案例均为公开报道之一审审结或终审案件(知识产权案件单独成篇,将于下期刊出)。囿于资料收集、水平所限及作者观点不同,回顾案件疏漏在所难免。 Looking back at the new cases involving companies and enterprises in 2008, the following new features have emerged: With the implementation of the Company Law and the new judicial interpretation, the number of new types of companies has been increasing year by year. For example, the hidden shareholders refuse to pay for their investment and their shareholder status is denied. However, Type litigation still focused on types of shareholder appearing litigation, shareholders’ right to information litigation, and dissolution of the judiciary, types appearing a few years ago; the number of litigation involved in the provision of intermediary services increased, which also indicated that intermediary services intervened more deeply in the public economic life; More rational and practical, legal professionals are still pioneers in the challenge of industry practices. As the Internet and financial instruments go deep into all aspects of people’s economic life, disputes arise. Compared with the previous year, the number of new types of cases involving corporate enterprises in 2008 tended to fall, the number of litigation seeking novelty was significantly reduced, and new types of cases that occurred in previous years showed further development. In the meantime, some cases were highly controversial. The cases selected in this article are the first instance trial or final trial cases (the separate case of intellectual property cases, which will be published in the next issue).囿 in the collection of information, the level of limitations and the author’s point of view, review the omission of the case is inevitable.