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随着商事活动日益活跃,公司法意义上的纠纷呈上升趋势。在本次公司法修改后确立了很多新的诉讼类型,这些新的规定为股东权纠纷以及损害公司权益纠纷开辟了很多处理问题的捷径。笔者结合律师实际业务和公司法新规定深入剖析公司诉讼中存在的问题,主要从诉讼主体资格,诉讼切入点、判决如何执行等诸多方面论述。力求深入浅出,为我省企业和企业家实务操作有所启发。案例:某中型集体企业改制为有限责任公司,新公司为原集体企业及其他企业共同组建成立,在新公司核发营业执照的当天,原集体企业主体注销。新
As commercial activities are increasingly active, disputes in the sense of company law are on the rise. Many new types of litigation have been established following the revision of the Company Law. These new rules have opened up many shortcuts to shareholder disputes and damage to corporate rights disputes. The author analyzes the problems existing in the company’s litigation by combining with the actual law of the lawyer and the new provisions of the company law, mainly discussing from the aspects of litigant qualification, litigation starting point, how to implement the judgment. Strive to explain profound theories in simple language, inspired by the practice of enterprises and entrepreneurs in our province. Case: A medium-sized collective enterprise was restructured into a limited liability company. The new company was formed jointly with the original collective enterprise and other enterprises. On the day when the new company issued the business license, the original collective enterprise was canceled. new