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当事人适格是股东代表诉讼的核心问题,在当事人制度中原告必须具有充分地公正性和代表性。被告的资格还应在原有立法基础上做出进一步地扩张。同时公司如果参加诉讼,则应该对我国缺乏相应的诉讼参加人制度做出改进而非一味将公司列于无独立请求权第三人之列。若有其他股东参加诉讼,亦应适时将其列为共同原告,以保障公司和股东的共同利益。
The proper personality of the parties is the core issue of shareholder representative litigation. Plaintiff must have full fairness and representativeness in the party system. The qualifications of the accused should be further expanded on the basis of the existing legislation. At the same time, if a company participates in a lawsuit, it should improve its system of litigation participant in China rather than blindly listing the company in the third party without independent claim. If other shareholders participate in the litigation, they should also be listed as co-plaintiffs in a timely manner so as to protect the common interests of the Company and its shareholders.