浅议股东代表诉讼中原被告的和解

股东代表诉讼应当允许原被告和解,但也要受到一定的限制。法院在诉讼和解中承担着监督与审查的义务。诉讼中原被告和解应当向法院提出书面申请,并说明和解的可能性。法院审查确认时,应以适当的方式通知公司及其他股东,告知其和解协议的内容以及提出异议的权利。

On the Reconciliation between Plaintiff and Defendant in the Litigation of Shareholder＇s Representative

The litigation of shareholder’s representative should permit the reconciliation between plaintiff and defendant,but it should also be subject to certain restrictions.Courts assume the obligation to supervision and examination in the settlement of litigation.In the litigation,plaintiff and defendant should submit a written application to the court and demonstrate the possibility of reconciliation.When the court carries on the confirmation and examination,it should inform the corporation and other shareholders in proper ways,telling them the content of settlement agreement and the right to make objections.