The Appraisal Right Of Dissenters

To some extent, the appraisal right of dissenters is a product of fairness and justice in Campany Law. It has been accepted by more and more countries with its special function in regulating contradiction between majority shareholders and minority shareholders.The New Company Law of China has established the system of the appraisal right of dissenters on the basis of practice and development of Company Law both at home and abroad, which is of great significance in improving corporate governance structure and protecting the interest of minority shareholders. However, some obvious problems still exist in the legislation, such as too simple to practice. To perfect the relative legislation in the New Campany Law and make the appraisal right of dissenters the most value, this thesis makes in-depth and comprehensive study on relative questions of the appraisal right of dissenters.The study method of this thesis. To study the right in its entirety, the thesis is written from such aspects as the definition, the legal nature, the subject of the right, the subject of corresponding duties ,etc. according to a logical method.The main idea of this thesis. Chapter one gives the brief introduction of the right, including the definition, the legal nature, and the necessity of the establishment of the right.Chapter two and three are important contents of the thesis. Chapter two discusses several questions in dispute in the parts of the subject of the right and the subject of the corresponding duties. Chapter three discusses the exercise of the right from substantive and procedural aspects mainly including the legal conditions and procedure of the exercise of the right.Chapter four, synthesizing the above-mentioned opinions, puts forward a few legislative proposes to the New Campany Law of our country.