Study On Cumulative Voting System In Corporation Law

Cumulative voting system is the voted system of voting the members of board of directors and board of supervisors. Compared with straight voting system, cumulative voting system not only offers chances that minority shareholders can make their prolocutors become the members of board of directors or board of supervisors, but also cumulative voting system can help realize the in-house balance of board of directors and balance the interests between big shareholders and medium and small shareholders. The Corporation Law that has been applied in our country regulates cumulative voting system for the first time, but this provision still has imperfection such as its blurry scope of application, its simplification of election mode. The scholars pay little attention to this system. On the basis of discussing the fundamental theory such as the value of cumulative voting system and the development of legislation mode tentatively and scientifically, this thesis puts some suggestions on perfecting cumulative voting system in our country.Cumulative voting system is voted system that each share has equal voting rights with elected representatives, and shareholders can collect their voting rights for one candidate or some candidates when the members of board of directors or board of supervisors are voted, the candidates that has plurality votes are elected. Even as Willaims in America summarized, scholars always appraise the cumulative voting system differently. In the history of cumulative voting development and existent legislation, the regulation of this system adopts two systems and three modes. The two systems above are mandatory cumulative voting and permissive cumulative voting while the three modes above are mandatory election, opt-out election and opt-in election. The thesis takes the legislation mode development of American cumulative voting system for instance, deeply analyzes the reasons why the regulation of this system...