The Improvement Of Cumulative Voting Law Systerm

Cumulative Voting System is saying comparative by directive voting system in company law. It already exists in foreign countries more than a century of time, it plays a good role in improving the company's governance and protection of the rights of minority shareholders. In 2005, NPC Standing Committee amended the law, and introduce this system to China use the systerm in the level of law first time. In improving the governance structure of the company, Especially the improvement of the governance structure of listed companies ,it also played an important role . For the current state, most of the shares of listed companies are in hold of the state, How to protect the interests of minority shareholders is also a good exploration. However, it has been disputed until the introduction of this system .Some scholars believe that cumulative voting system has been abandoned or weakened in foreign countries, We do not need follow other people's footsteps; but scholars holding the opposite view think that cumulative voting system is beneficial or not and if it plays a good roll of company's governance or not need to analyze in specific case.For example, integrated with the stage of a country's economic development point of view, Can not be generalized in a word and so on. The author holds the affirmative point Of this system, beside this, how to play the role of the cumulative voting system fully, the author put forward his own view. For example, how to reference the experience from abroad in legislation and practical aspect, and how to improve our legislation, To develop specific operational rules ,in order to facilitate its concrete application in practice better ; Second, in order to avoid theory boring, the author analyzes the problem combined of specific cases as much as possible, even reinforce the theory, Also solve practical problems better.This thesis is divided into four parts.Chapter I: Theoretical overview of the cumulative voting system. First, introduce the concept of cumulative voting systerm. Then, introduce the relationship between voting system with the direct voting systerm ; Second, describes the role of cumulative voting system , Finally, we illustrate the necessity of introducing this system in China..Chapter II: The theoretical basis of the cumulative voting system. This is also the a part of innovation of author . Author了,ladhere to the classical authors of Marxism -Leninism discussion about the legal aspects of the law as the guiding ideology of China, And on this basis, To make some predictions of the cumulative voting system on the evolution of company law in China .Chapter III: Cumulative voting system abroad and its inspiration. the legislative system outside has a good reference. of our country's legislation The author selected three typical country or region, Including the common law countries and civil law countries. Country or region from which the cumulative voting system has make to provide useful experience for our attitude to the legislation.Chapter IV: The cumulative voting system at present and how to improve the status of the system. This part is the main body of the article and the end result. First, the author analyzes the cumulative voting system in the Legislation of the status quo now Secondly, the author analyze the usage of the system with the case in practice ; Finally, For its lack in theory and practice, the author made a number of his own views.