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股东代表诉讼与股东直接诉讼互相补充,共同保障股东权利的实现。公司治理结构一直是我国学界研究的热点,在代表诉讼中,由公司一个或多个股东代表公司对违法、加害的董事、监事或公司高级管理人员提起诉讼,董事、监事、高级管理人员都在被告的范围之内,该制度的确立对公司的治理结构必将产生积极影响。股东代表诉讼有利于保护中小股东的利益,无论是股东代表诉讼具有的代表诉讼和代位诉讼双重性格,还是前置程序、主体资格都使股东代表诉讼区别于普通民事诉讼,都丰富了我国民事诉讼制度的内容。
Shareholder representative litigation and shareholder direct litigation complement each other and jointly guarantee the realization of shareholders’ rights. Corporate governance structure has always been the focus of our academic research. In the representative lawsuit, one or more shareholders of the company represented the company in litigating illegal and harmful directors, supervisors or senior executives of the company. All the directors, supervisors and senior executives were Within the scope of the defendant, the establishment of this system will certainly have a positive impact on the corporate governance structure. The shareholder representative litigation is good for the protection of the minority shareholders. Whether it is the dual character of the representative litigation and the subrogation litigation in shareholder representative litigation, or whether the principal qualification distinguishes the shareholder representative litigation from the ordinary civil litigation, all of which enrich our civil litigation System content.