Study On The Proxy Solicitation System

Since the occurrence of"Jun Wan Contest"in 1994, there have been several examples of proxy solicitations in our securities market. In contrast to the practice of proxy solicitations in securities market, our legislation relatively lay behind for the vacancy in the national level legislation. Proxy solicitations have a so called double-edged sword effect. For one thing, it can strongly protect the interests of corporations and minority shareholders and optimize the corporation governance, for another, it can also become a tool of scrambling for rights of controlling corporations. Therefore many nation and regions had established relatively sophisticated proxy regulations. This paper introduces the origin,concept and function of proxy solicitation's system, then makes tentative researches into establishment and the perfection of this system in our country by using the legislative experiences of the main foreign countries and districts for reference in the end.This paper consists of three parts: preface, main text body and epilogue. There are four chapters in the main text body. They are as follows:Chapter 1 introduces the origin and definition of proxy solicitation, analyzing its positive and negative functions.Chapter 2 analyzes the regulations and the practice of the proxy solicitations in the United States, Germany, Japan and Taiwan District, explains stock structures have an important effect on proxy solicitations.Chapter 3 reviews the legislative and practical situation about the system in China, points out the insufficiencies in our regulations, analyzes the conditions to successfully introduce of the system.Chapter 4 tries to construct the proxy solicitation system of China from legislation mode, legislation principles and legislation contents according to the related legislation and practice of the United States and Taiwan District region...