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律师在代理案件的过程中遭遇“立案难”是个普遍的现象,对于一些法律规范缺位、指导判例匮乏和审理难度较大的案件,某些地区法院的立案法官往往不愿受理或者不敢受理,而利用自由裁量权将当事人排除在法院之外,从程序上就判定了当事人的败诉,使得债权人的维权之路还未开始就已结束。其中追究公司股东未清算责任即是一例。本文拟就律师在此类案件的工作实践中遇到的立案难题做一个归纳总结和浅析简议。
In the process of acting on behalf of a lawyer, it is a common phenomenon that “case registration is difficult”. For some cases where there is a lack of legal norms, lack of guiding jurisprudence and hearing of more difficult cases, some district court judges are often unwilling to accept or not Dare to accept, and the use of discretion to exclude the parties outside the court, from the procedural judgment of the parties lost, so that the rights of creditors not yet started the road has ended. Among them, it is an example that the unresolved liability of the shareholders of a company is investigated. This article intends to solicit the summary and summary of the lawyers’ filing difficulties encountered in the work practices of such cases.