The Study Of Beneficial Protection Of Minority Shareholders

With the increasing development of the society and economy, the modern company system is getting better. The companies are the engines for the generation of the market economy. However, the problem of the beneficial protection of the minority shareholders would be more and more obvious such as the following phenomena: the majority of the capitals principle abused harm the right and benefit of the minority. So China is making the efforts in the exploration and practices. The regulation and the enforcement of the new Company Law is the symbol for the next step of the legal protection of the minority shareholders. As the animated proceed of the beneficial protection of the minority, the current legal system remains some of the leaks and disadvantages that needed to be supplied and perfected.Part one is the brief introduction about the rights and benefits of the minority shareholders that is the precondition of the definition of the right of shareholder and the right of the minority as the following three theories: the right of debts, the right of ownership and the right of the fellows. Meanwhile, it also gives the analysis about the classification of the rights of shareholders to recognize the subjects. And the overview about the history is helpful to understand the proper method of the protection of the minority.Part two is to discuss the ruling method of the minority benefits and the principle of"the majority of capitals". The reasonable ruling model of company is an important shield of the benefits and rights of the shareholders. And the majority of capitals often affect the interests of the minority. Generally, the higher number of the shares would choose the self-beneficial policies and actions, which would violate the minority in a great various areas in the Company Law. Therefore, the discussion about the protection of the minority would be significant in both practical and theoretical levels.Part three is the reconstruction about the theory of the minority protection. Under the model of the majority of capitals, the major methods for the protection would be the precaution system and the afterwards remedy system. The precaution system is including the following measures such as the right of information,,the right of sermon, the right of rising, the right of accumulated election and he right of avoidance. The afterwards remedy system are the right of backing purchase, the flaws decision litigation and the branching litigation for the shareholders.