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我国引入股东代表诉讼制度的目的在于维护小股东的权益。此目的的实现依赖于小股东提起诉讼的热情。但在现行民事诉讼费用制度下,股东一般是不愿提起诉讼的,即使提起诉讼,也无法有效地保护公司的利益。为此,应通过司法解释做出如下规定:一是明确代表诉讼为非财产诉讼,并以此收取诉讼费用;二是赋予原告股东胜诉费用补偿权;三是败诉股东非出于恶意,不负担诉讼费用。
The purpose of introducing the lawsuit system of shareholder representative in our country is to safeguard the rights and interests of minority shareholders. The realization of this purpose depends on the enthusiasm of the minority shareholders to bring the lawsuit. However, under the current civil litigation fee system, shareholders are generally unwilling to file a lawsuit. Even if a lawsuit is brought, the interests of the company can not be effectively protected. To this end, the following provisions should be made through judicial interpretation: First, to clearly represent the lawsuit as a non-property lawsuit and to charge for litigation costs; secondly, to compensate the plaintiff shareholders the right to compensation for the case; Third, the losing shareholder is not malicious or not liable Litigation costs.