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股东享有一般权利性质的派生诉讼权和救济权利性质的直接诉讼权。以股东个人权利受侵害为条件的直接诉讼权一旦产生即与股东权利具有相对独立性,股东退出公司并不表示股东因此丧失救济权;股东直接诉讼权的产生源于股东权利,而非股东身份。只要股东对于诉讼的提起或继续具有法律上的利益,即使退出公司仍然享有诉讼权。
Shareholders have the right of direct litigation of the nature of derivative action and the right of remedy. Once the direct litigation right based on the infringement of the individual rights of the shareholders occurs, it has relative independence from the shareholders’ rights. The withdrawal of the shareholders from the company does not mean that the shareholders lose the right of relief. The direct litigation rights of the shareholders arise from the rights of the shareholders rather than the shareholder . As long as shareholders have a legal interest in bringing or continuing a lawsuit, they still have the right to sue even if they leave the company.