On The Protective Legal System Of The Rights And Interests Of The Stockholder

This text amounts to 6 chapters and 14 sections, which tries to expound the legal system of protection of the rights and interests of the stockholder.Have described the relation between security market and the stockholder in chapter one. Securities mean in order to indicate all kinds of property ownership and evidence of creditor's rights referred to as. Security holder on content certificate contained had the right to obtain the corresponding rights and interests. "Securities" on Securities Law only point the capital securities certificate. Of our country relevant securities range of securities include stock, bond, security investment fund certificate and other securities certificates asserted by the State Council in accordance with the relevant law. The security market is the place where stock, bond, investment fund certificate, etc are exchanged. The security market is the important component of financial market,which occupies the fundamental position in the financial system. The security market is core and foundation of the capital market,and is the important component of the financial market. The security market is the place where the value, property right and risk are exchanged directly, it raises fund ,disposes capital supervises and appraises, the stockholder s rights and interests and security market mutually promote, which are both as depending on. Out of realizing its income right and control power, the pursuit of investment benefit makes the security market able to produce and develop; Security market offers place and mechanism for the thing that the stockholder makes the investment.Have expounded theory base and legal principle foundation of rights and interests of protection of the stockholder in security market among chapter two. the rights and interests of the stockholder in security market should be protected because of the weaks. Legal principle foundation : First, fair idea, second, safe idea. The fair idea means that in the trade activity of securities issue, the legal statuses of the publisher, investor, dealer in securities and securities enterprise service organization are equal. The fair idea mainly reflects the equality of the subject position, fair of the procedure and exchange of equal value The safe idea emphasizes that the security is essential to capital market, and can be said to be the lifeline of the security market. China is a developing country making the transition. The security market must " seek improvement in stability ".Have expounded the legal system of every country security market in chapter three. U.S.A. passed" Securities Law " and " Securities Exchanges Act ", and established the securities trading committee respectively in 1933 and 1934. thestockholders of U.S.A. are the most active in security markets, and the security market of U.S.A. is recognized as the most open market, this could not be separated from implementation in laws and regulations , such as U.S.A.'s " Securities Exchanges Act " ,etc. There are similar regulations in Japan and Taiwan of our country. U.S.A. Japan and Taiwan of our country operate ssuccessfully in security market through improving the law of perfection . The better investors' legitimate rights and interests is protected, the better the function of the security market performs. We can investigate the current situation of the stockholders in U.S.A. , Japan, Taiwan of our country , to review protection question the rights and interests of the stockholders of security market of our country. Have introduced briefly the current legal system of investor's rights and interests of security market of our country. In the past ten years, our country has established the legal norm of protection of a series of stockholders rights and interests of security market. These laws and regulations reflect a series of relevant laws and regulations, such as company law, Securities Law, accounting law ,etc,to protect investor's rights and interests , have established the essential legal principle , has defined the basic legal relation, have standardized t...