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股东代表诉讼是我国新修订的公司法所确立的一项制度,规定在公司权利受到损害而公司不能或怠于起诉时,股东有权代表公司提起诉讼。本文指出其设立的主要目的是为了有效地保护公司及其股东的合法权益,促进公司健康发展,是对公司制度大股东原则固有缺陷的一种补充,实践中为防止权利滥用,应从严把握,以真正达到该项制度设立的根本目的。
Shareholder representative litigation is a system established by the newly amended company law of our country, which stipulates that the shareholders have the right to sue on behalf of the company when the rights of the company are impaired and the company can not or fails to sue. This paper points out that the main purpose of its establishment is to effectively protect the legitimate rights and interests of the company and its shareholders and promote the healthy development of the company, which is a supplement to the inherent flaws of the principle of the major shareholder of the company system. In practice, to prevent abuse of rights, So as to truly achieve the fundamental purpose set by the system.