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股东代表诉讼制度是股东享有的对公司合法权益遭受非法侵害时的一种司法救济手段,是现代公司制度的一个重要组成部分。股东代表诉讼制度能有力维护公司中小股东的利益,能够保障公司的正常运营,是法律赋予股东维护公司合法权益的司法救济措施。股东代表诉讼的适用按照法律程序进行;同时为了防止股东代表诉讼的滥用,也需要设置严格的约束机制。
The lawsuit system of shareholder representative is a kind of judicial remedy enjoyed by shareholders when they illegally infringe upon the legitimate rights and interests of the company and is an important part of the modern company system. The shareholder representative litigation system can effectively safeguard the interests of the minority shareholders of the company, and can guarantee the normal operation of the company, which is the judicial relief measures that the law gives the shareholders to safeguard the legitimate rights and interests of the company. The application of shareholder representative lawsuit is conducted in accordance with legal procedures. In order to prevent the abuse of shareholder representative lawsuit, a strict restraint mechanism is also required.