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为保护中小股东的合法权益,我国在新《公司法》中引入了中小股东派生诉讼制度,以其来解决公司大股东及高层管理人员滥用其权利或怠于行使其权利从而损害中小股东合法权益的现象。然而,在当前的股东派生制度中仍存在有不足之处。本文旨在通过对股东派生诉讼制度的简要分析,进一步提出对这一制度的完善。
In order to protect the legitimate rights and interests of minority shareholders, our country introduced the derivative action lawsuit of small and medium-sized shareholders in the new “Company Law” to solve the problem of abuse of their rights or lazy exercise of their rights by the big shareholders and senior management of the company, thus undermining the legitimate rights and interests of minority shareholders The phenomenon. However, there are still some shortcomings in the current system of shareholder derivative. The purpose of this paper is to further improve the system through a brief analysis of the system of shareholder derivative litigation.