Research On The System Of Public Company Shareholder's Right To Vote

Public company is not only the capital union, but also the shareholder's union; it is a product which the property rights and the operating right separate, and also is the product which the shareholders' property rights and the company legal person property rights separate. These two major characteristics decide the company shareholders can only realize their control to the company by using shareholder's right to vote.Public company shareholder's right to vote is the shareholders' resolves power. It is the company shareholder's right to make the certain declaration of will at the general meeting. The shareholder's right to vote is a kind of consideration when the shareholder's personal property transforms to the company legal person property, the shareholders exercise their rights to vote is the guarantee to decide the important items of company, is the shareholders individual intention to the corporate development, and is the representation of shareholders' influence to the management policy of company. In the eyes of the law any significant decision-making of the company is the result that shareholders use shareholder's right to vote. If the shareholders may realize their owner's property income, the significant decision-making right and choose right on superintendent according to their investment to the company, then, the shareholder's right to vote system is very important. It is the key for investors to transfer positive shareholders from the negative shareholders. On the basis of the practice of the public companies in China in last ten years, this article researches the problems appeared in the shareholder's right to vote system operation, and discusses the effective way to consummate the government structure, so to protect the general shareholders' especially the circulates stock shareholders' rights.The shareholder's right to vote system is an important constituent of the general meeting system. The general meeting system is the foundation of the companygoverns structure. If there is not a perfect general meeting system, a perfect company government structure will no longer exist. As an organization institution, the authority of general meeting is realized by the general meeting which is the conference institution. So to activate the general meeting system, protect public stock shareholders' right we should first activate the shareholder right to vote system.Although from the standpoint of the content, the shareholder's right to vote system is merely an aspect of general meeting system (because in addition, the general meeting system includes the convene system, the proposal system and the resolution system and so on), but public company shareholder's right to vote system is the important link of general meeting system. The realization of all the shareholders' rights must carry on through the vote system. This article begins with the analysis of, and then discusses the basic principles, main body and the behavior and the actuality of the shareholder's right to vote. By analyze the actual problems in practice the writer give some advice for the protection of the shareholders' specially the public stock shareholders' rights.