Research Of Legal Issue On The Protection Of Minority Shareholder's Interest

Protection of minority shareholders'interests is a legal issue of quite a popular concern to"Companies act", involving a vast and complex problem related to corporate laws. Starting from the definitions of minority, majority shareholders as well as shareholders'interests, this essay makes an analysis of the features and causes of minority shareholders'interests being infringed upon, proposing the necessity of protecting minority shareholders'interests and expounding the line of thought for establishing a sound system to protect minority shareholders'interests as well as the arrangement of the system. The author tries to put forward her own opinions on establishing the system of protecting minority shareholders'interests in China through the essay, making a statement of her own opinions for perfecting China's"Corporate Law".The essay is divided into three parts: introduction, main body and conclusion.The main body is divided into three parts. Part one lists the features of minority shareholders'interests being infringed upon, profoundly analyzes the causes and proposes the necessity to protect minority shareholders'interests by expounding the definitions of majority and minority shareholders as well as the shareholders'interests.Part two focuses on the statement of the line of thought and proposal for establishing and perfecting the system for protecting minority shareholders'interests in China with reference to the corporate laws of various countries to construct the system for protecting minority shareholders'interests."Corporate Law"should perfect at least five aspects of specific systems: one is to establish the credit duty mechanism of majority shareholder, one is to promote cumulative voting system, one is to set up voting rights exclusion regulation ,one is to strengthen the construction of independent governing system, the last is to perfect China's supervisory system.Part three proposes the ways of constructing the relief of shareholders'interests. China's"Corporate Law"should establish the system of the repurchase right for corporation's dissent shareholders as well as the system for shareholders'derivative litigation, continuously perfecting the guaranteeing system and the ways of relief ofminority shareholders'interests.