论文部分内容阅读
我国新《公司法》以法律的形式正式确立了股东代表诉讼制度,从而为股东代表诉讼提供了法律依据,对公司股东利益以及中小股东权益的保护起到了积极的作用。依据《公司法》第152条的规定,可以看出,我国的股东代表诉讼制度对提起代表诉讼的原告和被告的范围做了明确的规定,但对公司的法律地位等方面没有做出明确规定。因此,在股东代表诉讼中,公司究竟处于何种法律地位成为一个值得探讨的问题。
China’s new “Company Law” formally established the lawsuit system of shareholder representative in the form of law, which provided the legal basis for shareholder representative litigation and played a positive role in protecting the interests of shareholders and the rights and interests of minority shareholders. According to Article 152 of the Company Law, it can be seen that the shareholder representative action system in our country clearly stipulates the scope of plaintiffs and defendants who filed a representative action, but it does not clearly stipulate the legal status of the company . Therefore, what kind of legal status the company is in the shareholder representative litigation becomes a question worth exploring.