论文部分内容阅读
随着现代企业所有权与经营权的日益分离,公司决策机关及其他经营管理人员的权限越来越膨胀。为及时强化股东对经营管理人员的监督和制衡,周全地保护公司利益免受各种不正当行为的侵害,从而最终使股东获得最佳实益,股东派生诉讼便应运而生。世界各国无不在其公司法和民事诉讼法中规定了股东的派生诉讼提起权及程序制度。我国《公司法》虽然将公司股东和债权人利益的保护作为重要目标,但未
With the increasingly separation of ownership and management right of modern enterprises, the authority of decision-making organs and other management personnel of the Company is expanding. In order to promptly intensify shareholders’ supervision and checks and balances on business management personnel and protect the interests of the company from all kinds of improper behaviors in a timely manner so as to ultimately maximize the benefits to shareholders, a shareholder derivative lawsuit has emerged. All countries in the world have stipulated shareholders’ rights of derivative action and procedure in their company law and civil procedure law. Although the Company Law of our country regards the protection of the interests of the shareholders and creditors of the Company as an important goal,