The Legal Remedy Of Medium And Small-scale Shareholder Rights

Company is the main mode of organization of most of modern enterprises, and it has the power to decide the activities of business and the behavior of management of itself. It has it's own personality enterprise, shareholders are the final supervisor and duty holders of the company. With bring a civil lawsuit in the operations of the company, It's not only a effective way to relief rights of shareholders, but also a important way to use jurisdiction to perfect the organization governance of the company. For make the company in a good situation the company law provided that there are two principles to make it operate well, one is the "all shareholders are equal", another is " one who has the capital most decide the result". The provision means the equal right of shareholder is reflected in the process of election process, but the fact, the minority shareholder rights is always annexed by the majority,that's lead the voting results can't reflected the proposal and interests of the minority, the voting result just reflects the intent of the majority. Interests of minority shareholders in order to provide effective relief channels and ensuring the healthy development of the company, in Securities Law and Company Law amendments, for the main corporate governance issues, such as directors, supervisors, executives and other abuse of the right of control, The use of related party transactions and other corporate interests erosion, increased sanctions on the responsible person and penalties, clearly defined its civil liability, the most important is to improve the system of direct action of shareholders and establish a shareholder derivative action, to give shareholders adequate The right to appeal. Securities Law and Company Law Amendment fully affirmed the strengthening of shareholder litigation protection of shareholder interests and improve the quality of law enforcement, improving the role of corporate governance, but shareholders the right to appeal in the implementation of judicial practice, less effective, operational law is not strong, many aspects need to be further improved. In this paper, comparative analysis, empirical methods such as detailed analysis of induction shareholder lawsuits and shareholder derivative litigation directly the two major shareholders relief system, trying to minority shareholders the right to appeal the exercise of civil, more effective solution to controlling shareholders in corporate governance, denial of the problem of minority shareholders Effectively protect the interests of minority shareholders, for the protection of the rights of minority shareholders to provide guidance.