直接诉讼和派生诉讼是股东保护自身权利的两种手段。从表面上来看,直接诉讼适用于股东个人权利受到的损害,而派生诉讼适用于公司所遭受的损害,但由于公司的利益本身就是由股东的利益所组成的,因此公司所遭受的损害也不是完全能够清楚地与股东个人的损害相分离的。因此,区分直接诉讼和派生诉讼的标准是构建公司法中的诉讼制度至关重要的一点。 Direct litigation and derivative litigation are two ways shareholders can protect their own rights. On the face of it, the direct lawsuit is applicable to the damage done to the individual rights of the shareholders, while the derivative lawsuits apply to the damages suffered by the company. However, because the interests of the company itself are composed of the interests of the shareholders, the damage suffered by the company is not Fully able to clearly separate from the personal injury of shareholders. Therefore, the distinction between direct litigation and derivative litigation is of crucial importance in building the litigation system in corporate law.