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股东代表诉讼制度在我国经过了逐步的探索,终于在新《公司法》中以法律的形式得到正式确立,其规定了原告、被告、诉讼范围、诉讼前置程序等方面,对维护中小股东的利益,完善公司治理结构具有重要意义。但对于一些重要的法律适用问题,诸如公司的法律地位、诉讼费用、诉讼担保等问题没有作出规定,要充分发挥股东代表诉讼制度的作用,还需要在这些方面进一步予以完善。
The system of shareholder representative litigation has been gradually explored in our country and finally established formally in the form of law in the new Company Law, which stipulates the plaintiffs, defendants, the scope of litigation and pre-litigation proceedings, Interests, improve corporate governance structure is of great significance. However, some important issues concerning the application of law, such as the legal status of the company, the costs of litigation and the litigation guarantee, are not regulated. The role of shareholders’ representative litigation system should be brought into full play and further improvement in these aspects is needed.