股东请求公司解散之诉是实体法上的形成之诉,一个重要的特征是其法定性,即只有在法律特别明文规定的情形下始得提起。股东解散公司之诉应当由法律明文规定,且一般规定在公司法中,其目的在于维持法律的安定性。诉讼的当事人及其形成权,诉讼提起的情形(诉的理由)等都须法律作出规定,当事人不可自行设定,无论章程规定,亦或事后协议,均不能构成向法院诉请的依据,同时章程或协议也不能剥夺或限制股东请求公司解散的权利。形成之诉,是改变法律关系之诉。股东请求公司解散的目的是追求实体法上的公司解散的效果。法院作出公司解散的判决是形成判决,具有创造性效力。当出现数个诉讼请求时,法院应当慎重处理。例如股东在向人民法院提起解散公司之诉时,往往同时申请人民法院对公司进行清算。这里实际上存在着两个不同性质的诉讼。股东请求解散公司之诉性质上属于形成之诉,审理中应当适用诉讼程序,而申请强制清算之诉性质上 The lawsuit that the shareholder requests the dissolution of the company is the formation of the law in substantive law. An important feature of the lawsuit is its statutory nature, that is, it can only be filed under the express provisions of law. The lawsuit for the dissolution of a shareholder by a shareholder shall be expressly provided for by the law, and the general stipulation in the company law is to maintain the law’s stability. Litigants and their right to form, the case brought by a lawsuit (the reasons for a complaint) must be provided for by law. The parties are not allowed to make their own decisions. Both the articles of association and the consensual agreements can not form the basis for petitioning the court. At the same time Neither the constitution nor the agreement shall deprive or restrict the shareholders’ right to request the dissolution of the company. The formation of the complaint, is to change the legal relationship of the complaint. The purpose of shareholders’ dissolution of the company is to pursue the effect of dissolving the company in substantive law. The decision of the court to dissolve the company is to form a judgment and be creative. When there are several claims, the court should handle it carefully. For example, when a shareholder sue a people’s court to dissolve a company, he often applies to the people’s court for liquidation of the company. There are actually two different types of litigation here. The nature of the petitioner’s request to dissolve the company belongs to the formation of litigation, the trial proceedings should be applied, and the nature of the petition for compulsory liquidation