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新修订的我国《公司法》正式确立了股东代表诉讼制度。通过分析我国《公司法》关于提起股东代表诉讼法定条件的规定以及我国股东诉讼代表制度的创新之处,并针对我国关于股东代表诉讼制度的法律规定过于笼统、操作性不强的特点,就我国股东代表诉讼制度的完善,从诉讼管辖的定位、股东代表诉讼的定性和案件受理费的收取,以及对原告股东的补偿和赔偿诸方面提出建议。
The newly revised “Company Law” of our country officially established the shareholder representative litigation system. By analyzing the provisions of the “Company Law” about the statutory conditions of shareholder representative litigation in our country and the innovations of the shareholder representative litigation system in our country, and in view of the fact that the laws and regulations on shareholder representative litigation in our country are too general and not practical, The improvement of shareholders ’representative litigation system puts forward suggestions from the aspects of the jurisdiction of litigation, the characterization of shareholders’ representative litigation and the collection of case acceptance fees, as well as the compensation and compensation for the shareholders of the plaintiff.