股东派生诉讼制度的实施是新公司法对股东权益,尤其是中小股东权益进行保护的重要举措,是立法上的一大进步。但由于该法刚刚颁布施行,其规定有待进一步成熟,许多配套制度也需要及时完善。本文对我国股东派生诉讼制度的确立与完善做了简要的分析,以期增强其现实操作性。 The implementation of the shareholder derivative litigation system is an important measure of the new company law to protect the rights and interests of the shareholders, especially the rights and interests of the minority shareholders. It is a great progress in legislation. However, since the law has just been promulgated and implemented, the provisions to be further matured, many supporting systems need to be promptly improved. This article gives a brief analysis of the establishment and perfection of our shareholder derivative litigation system in order to enhance its practical operability.