Research On The Participant Rights Of Shareholders

The appearance of legal person system can resolve the problem that person's life is limited, but corporation's life is endless. At the same time such system also produce a substantive entity—corporation, which independent on shareholders. As a civil law relation subject, the most different between corporation and person is the corporation cannot form it own will independently, but to resort on it's members, the latter's intention will be regard as the will of corporation. So there should be exist potential barrier. Furthermore, the doer always isn't the beneficiary. So they may not try their best to serve such an entity, thus we must produce some system to harmonize the benefit conflict between the corporation and it's members.Under the construction of corporation, the benefit conflict is widely exists, but shareholder's benefit—as a whole is most harmonizing with corporation's such characteristic of shareholder make it maybe the most appropriate participant. However, once we focus on the individual shareholder, such coherence may not so obvious. In fact, as a individual, shareholder there still exist conflict between corporation and it's members, such conflict sometimes may so outstanding that we can't neglect it's negativity. For all these cause, to construct a perfect system of shareholder's participant right, we must pay enough attention an legal regulation. So as to exert the advantage and avoid it's shortcoming. In particular regulative produce, we should also pay much attention on distributing so that such right can be properly provided inside shareholders. By all these means, we will be promote the beneficial and abolish the harmful.This article contains five chapters:Chapter one mainly expound the theoretic base of shareholder's participant right. Shareholder's participant right is a organic right system on how he(or she) participates in the affairs of corporation in which he(or she) invest. The direct purpose of it is to maintain the shareholders'necessary control. while its core is to avoid internal person do harm to the corporation or its shareholders. That also constitutes the rational premises of this system. Chapter two focus on how shareholder participate in appointing and removing the directors, supervisors and other outer persons—such as inspectors, auditors, who was involved in corporation's affairs. In fact, shareholders are off the special administrant affairs of corporation, what's more, the former's independent station need the latter do so. So the right of appoint and remove is vital to shareholders. Simultaneity, the shareholders need maintain necessary control—such as final decisive right to them so as to avoid the outer person misconduct or malpractice.Chapter three mainly discuss in how shareholder participate in the making of vital decision. Under the background of ownership is separate from management, shareholders are entitled to make important decisions although the must let the managers to decide the details. But we mustn't forget that with the expand of corporation, the member of shareholders is large, so that the control is weakening. This status not only damage shareholders, but also do harm to corporation in the long run. So we must endow with the shareholders effective right as countermeasure. For that reason, participate in the making of vital decision is another important component of this right system.Chapter four locate in the discussion about how shareholders to participate and by what kind way. Because most shareholders haven't enough time and energy to throw themselves into the special business, so we should afford convenient quomodo for them. If they can conduct actively in a low cost, the performance of corporation governance will be better. Moreover timely juridical redress is necessary too.Chapter five discuss the theoretical obstacle of such a right system and the corresponding countermeasure. Besides, it also contain the question of how to distribute participant right inside the shareholders, so as to maintain a balance between different kinds of shareholders. By properly regulate, we should be certain to achieve a favorable consequences that the shareholders'participation is company with the perfecting of corporation governance.