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股东派生诉讼是现代公司法中的一项重要制度,蕴含权益制衡、弱势群体权益的必要保护与实现社会公平等现代法治的内在要求。该制度在我国公司法中的设立与运行为我国股东权益保护与公司运营安全提供了重要的法律保障。随着该制度运行中诸多不足的显现,对其进行合理完善成为必要。
Shareholder Derivative Litigation is an important system in modern company law, which contains the inherent requirements of the modern rule of law such as the balance of rights and interests, the necessary protection of the rights and interests of disadvantaged groups and the realization of social fairness. The establishment and operation of this system in the company law of our country provide an important legal guarantee for the protection of the rights and interests of the shareholders and the operation of the company in our country. With the emergence of many deficiencies in the operation of the system, it is necessary to rationalize it.