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公司诉讼代表人冲突问题是我国公司法定代表人制度的弊端在诉讼法上的体现。在对国外立法理念和两大法系立法的比较研究下,笔者认为要想解决公司诉讼代表人冲突问题需要改革我国公司代表人制度,依据私法自治,赋予公司对代表人模式的选择权,而且立法需要同时对民事诉讼法进行修正以保持程序法和实体法的同步,以避免法律体系内部的冲突。
The conflict of company lawsuit representative is the manifestation of the malpractice of the legal representative system of our country in the procedural law. Under the comparative study of the concept of foreign legislation and the legislation of the two major legal systems, the author believes that in order to solve the conflict of litigation representatives in the company, it is necessary to reform the system of the representative of the company in our country, give the company the right to choose the representative model according to the autonomy of private law, At the same time, the Civil Procedure Law needs to be amended to keep procedural and substantive laws in order to avoid conflicts within the legal system.