Studies On The Relevant Questions Of Voting Right

This Article mainly discusses the relevant problems of the voting right of the stockholders, the concrete right and functions of the stockholders' rights. Through discussions on the theory of voting right, the mechanism of voting right, the way of voting right. After compare our country law with the other country, make some suggestions to improve the law.Chapter one: Analysis of the notion of the voting right of the stockholders. The voting right of the stockholders means, based on the behavior of providing the capital, the stockholder can take part in the stockholders' common meaning decision on the basis of his shares by the means of the meaning expression on the shareholders' meeting. The nature of the voting right of the stockholder is shareholder's inherent benefit right altogether that can be exercised alone. The voting right of stockholders is a kind of proprietary. What the subject of enforcement of the voting right of stockholders should be pointed out is that the enforcement subject of the right to vote can only be a shareholder. So long as the shareholder can obtain more benefits by exercise the voting right or the means of the exercising can be diversified and simplified, the shareholder will exercise the voting right actively.Chapter two: Discussion on the exercising mechanism of the voting right of stockholders. It points out that under the guidance of these systems that the law sets up, the shareholder can express his own will freely, and his interests can be realized finally. These exercising mechanism mainly include the one right system, the shareholder' s categorized voting system, the accumulating voting system, the restraining voting system and the excluding voting system. Through the analysis of the relevant legislation of some countries, areas and our own country, the author points out the advantages and the disadvantages of these systems and what need to perfect.Chapter three: Discussion on the methods of excising the voting right of the stockholders. The author divides the method into two kinds: the general exercising methods and the special exercising methods, and then points out that the exercising methods means the concrete kind of this right while attending the stockholders' meeting. It proceeds on the premise of abiding enforcement mechanism of the voting right of stockholders. The relation between the two is as follows : (1) the voting mechanism faces all company shareholders, and the shareholder has no right to change by oneself. He must follow the regulation of the law. The method of the voting is what the shareholder can arrange by oneself if the law permits. It is a concrete behavior directed against one shareholder. (2) the voting mechanism has relative stabilities, but the enforcement method of the right to vote has relative flexibilities. One point that need to be cleared is that if the method of the vote is especially stipulated in the corporation by law, generally speaking, the shareholder should obey that clause while exercising the right to vote. At last, it points that, to certain extent, the shareholder can transfer his voting right to others by his own based on the principle of the contract, such as application of the collection of the voting right and the trust of the voting right etc.Chapter four: Discussion on the effects of the voting right of the stockholders. Through the analysis of the relevant principle of judging the effect of the voting right, which includes the group law principle, the integrated survey on the voting rights and other rights principle and the principle of adhering to the division of functions and powers of the shareholders and the board and so on, the author makes her own judgment on the problem of the effects of the voting right of the stockholders.Chapter five: Discussion on the our country's law of voting right of and make some analyses. On the basis, we make some suggestions to improve our law.