我国修改后的《公司法》第152条对股东代表诉讼作了规定,这是我国公司法的一大进步,但对公司在股东代表诉讼中究竟处何地位并未走出明确规定。新修订的民事诉讼法亦为对此作出明确规定,最高院也无成文解释,各地高院在司法实践中有自己的指导性意见,但司法实践中的确实存在认知不一、裁判不同的情况。由此可见出台相关解释,统一界定公司在股东代表诉讼中的法律地位,对于司法实践的必要性。本文以我国现行民事诉讼法体系为基础,对此问题进行分析,试图提出合理的建议。 Article 152 of the “Company Law” as amended in our country stipulates the lawsuit of shareholder representatives. This is a great progress of our company law, but it has not come out clearly to the position of the company in shareholder representative lawsuit. The newly revised Civil Procedure Law also stipulates this clearly. The Supreme People’s Court also has no written explanation. High Courts all over the country have their own guiding opinions in judicial practice. However, judicial practice does exist with different opinions and different referees Happening. This shows that the introduction of relevant explanations, a unified definition of the company’s legal representative in the shareholder representative litigation, the necessity of judicial practice. Based on the current system of civil procedural law in our country, this article analyzes the problem and tries to put forward reasonable suggestions.