Research On Cumulative Voting System Of Company

The shareholders are the investores of company,so their legitimate rights should be protected in company, but the young shareholder's rights and interests are extremely violated by company's major stockholder and company's management as a result of its itself natural vicious nature. Therefore, legislature and the theorists should pay more attention to the young shareholder's rights and interests protection.We construct the protection system of the young shareholder's right, which the essence is to establish one kind of mechanism of balanceing and coordinating the rights and obligations among the company shareholders, the trustee, the supervisor and the manager, as to achieve the goal of protecting the young shareholder's benefit.As a concrete system of the protecting the young shareholder rights and interests, because cumulative voting system relates to company human affairs elect, the rights and obligations relations among company shareholder, trustee, supervisor and manager.Therefore, cumulative voting system are be paid much attention by people.First, cumulative voting system provides the opportunity of electing the company higher management's for the young shareholder, so cumulative voting system breaks the aspect that electing is controled by some one at general meeting and makes the yong shareholder have the right to speak; Second, cumulative voting system prevents the company management and operation level from violating the young shareholder benefit to a certain extent. If the young shareholder uses the cumulative voting system to elect its own representative of management and policy-making organ and service cognizant agency in the company, so that, at appearance of the behaviors of violating the young shareholder rights and interests, different sounds will appeare in the company manages and the policy-making organ, or, through the corporate business inspection organization, the illegal violation doer will be punished, thus these ways will be advantageous in preventing the rights and interests of young shareholder from violating; Third, cumulative voting system expands the channel of the young shareholder obtaining legitimate information. So the study of cumulative voting system has certain value in theory and the practice.The full article is divided into four parts, besides the introduction. First, the author launches the elaboration from the root and the development of cumulative voting system,including: (1) the rootof the appearance of cumulative voting system. (2) historical development of cumulative voting system is introduced, as well as different principles and different patterns were accepted by the different country and the area in the different time. The author has referred on articles and the booklist by others,and made a summary and ainduction on the history of cumulative voting system ,and discovered: cumulative voting system experienced history from"compulsion principle"to"permission principle";(2) cumulative voting system experienced in our country has grown out of nothing, expands from to be listed to all company's history.To these inductions and the summary, we may see: cumulative voting system in the world scoped vigorous development, but what is the reason?Through the consulting material and pondering, author discovered that cumulative voting system could develop vigorously because of functions of cumulative voting system,and discovered that it has two big functions at least: (1) author has referred to the democracy classification theory by Ji Weidong. (2) the function of consummating corporate governance. Through analysis of three parts, we may see the significant function of cumulative voting system, but which is core essential factor of cumulative voting system?Through the research, I discovered that the concept of cumulative voting system, the mathematical pattern of cumulative voting system as well under cumulative voting system the right of voting actually are core essential factor of cumulative voting system.(1) conceptual analysis of cumulative voting system.(2) the mathematical pattern of cumulative voting system.(3) under the right of voting actually.After this, we had understood what is the function and the core essential factor, but whether cumulative voting system has the problem in reality or not. Through the analysis, there are two aspects of questions which influence on cumulative voting system exists in the practice: (1) the method of limitation of displaying function. (2) the flaw of the cumulative voting system itself.In this, we must solve to these questions, what we can make in the legislation?I think we may center on"the principl"and"the pattern"(2) on the scope of human affairs using cumulative voting system, in the theorists different positions exist, but the author has carried on the literature summary in this part to these different positions, and thought that our country should expand the scope of human affairs of election. (3) conclusion and question exploration. At this time, the author has carried on the summary and induction to the full text, and thought how to cut off relation between some shareholder and the high tube using cumulative voting system is a question,so the author also carry on to study.The author thought this article mainly has certain innovation in the innovation of research method and the viewpoint.Innovation of research method. On reseaching cumulative voting system,the author has mainly used the multi-disciplinary research method, including: the politics knowledge, the mathematical aspect knowledge and profited from in psychology some general knowledge.Innovation of viewpoint Mainly includes: the pattern of cumulative voting system should be used in our country; the scope of human affairs's election using cumulative voting system; the concept of cumulative voting system and so on.