On Restraining And Regulating Controlling Shareholders Abusing Rights

In recent years, the controlling shareholders abused its dominant position, against the interests of small shareholders. The phenomenon is so frequent that how to regulate the controlling shareholder is made to the world of theory and practice in the study of the topic. Although in China, controlling shareholders of the problem has been more gradual fully attention, but the legislation is too imperfect, difficult to control the formation of better regulation shareholders. This paper attempts to introduce a typical case, give a comprehensive look at the abuse of the rights of controlling shareholders expression, and to explore the root causes of their systems to improve the measures proposed.Chapter I: Introduces a typical case, and briefly describes the background of the case took place, and exposed the problem.Chapter II: As for the controlling shareholders still not a clear definition, scholars have had more controversial. This chapter will be a comprehensive analysis of the concept of controlling shareholders, while a distinction between the concept of controlling shareholders and other corporate boundaries, and strive to be the basis for this argument is clearly demonstrated.Chapter III: The earlier the introduction of a comprehensive analysis of the cases, the core issue of the case - abuse of rights the controlling shareholder of profound. This chapter will describe the abuse of the rights of controlling shareholders and institutional manifestations of the root causes so as to lay the foundation for the later chapters.Chapter IV: This chapter will describe the legal basis of abuse of rights, not only from company law to find its own regulations under the direct control of shareholders, but also from the perspective of civil law regulation of controlling shareholders to seek legal basis.Chapter V: on the basis of the previous chapters of the proposed regulations controlling shareholder abuse of rights of perfect measures, this chapter will emphasize system construction and multi-pronged approach, not only from shareholders, establishing control over the internal restraint - the introduction of credit obligations, and Construction of the constraint system from the outside, including the cumulative voting system and improve the information disclosure system. Also made for the small shareholder protection measures, seek to benefit from the system to provide protection for the minority shareholders, controlling shareholders to protect them against abuse of rights violations.