Legal Protection Of The Minority Shareholders' Rights And Interests

Company Law is one important part of the civil and commercial law, its value lies in maintaining equilibrium of the interests of all main bodies involving in company development.All kinds of system in company law outside bodies, between the shareholders and management staff,and to prevent some bodies realizing their illegitimate interests by sacrificing the others' interests.As far as legal adjustment is concerned, company law shall carry out principle of "Capital Majority Votes" to embody its "Limited Democracy" and Formal Equality of Shareholders, shall carry out true "Equality Principle of shareholders", and shall protect the minority shareholders' lawful rights and interests efficiently, in order to realize higher-level equality, that is to say, to protect the minority shareholders' interests haven't been relieved when infracted, the company can't develop continually and stably. To what extent the minority shareholders have been protected by law in a sense indicates to what extent the company law has been protected by law in a sense indicates to what extent the company law has been modernized. If our country wants to realize its target of economic structure reform and set up company system in modem sense, we need modern company law to regulate and safeguard.This article firstly discusses the theory (history) backgrounds of establisbing the minority shareholders' protection system as viewed from the company law's development, pointing that up to the present, it is more and more serious that the minority shareholders suffer from their rights and interests being infracted. After illustrating our company law's disfigurements that the Civil law system and the Anglo-America have gone a long way in this field, and have built up a systemic and perfect legel system of minority shareholders' interests protection, which are abundant materials for our country to use for reference when modificating our company law. Finally, this article offers some advice to perfect our company law as viewed from constructing the protection system for the minority shareholders' rights and interests so as so show the modern character of our company law in the way of protecting the minority shareholders.