The Protection Of The Minority Shareholders Rights Of Subsidiaries In The Affiliated Companies

The affiliated companies have been developed when the listed companies and the multinational corporations obtained the widespread utilization. It has the huge function with the promotion of the companies'large-scale management, reduces the transaction expense, and enhances market competitive power. However, because of the incidence relation and the benefit involve, the control companies will abuses the right, and harm the subsidiaries and its minority shareholders rights. This departs from the basic principle of the market, brings the negative influence to the market. Therefore, the protections of the subsidiaries and its minority shareholder's become more and more important.After analyzing various countries relation legislation, the thesis researches on the legal principle theory of law of the protection, and the way to protect. The purpose is to construct the relation legislation of our country.The thesis includes three chapters.In the first chapter, we discusses the necessity of the protection of the minority shareholders rights in subsidiaries. The first section introduces the concept of the affiliated companies. And the Second section analyzes the present situation which the minority shareholder in subsidiaries suffered injury, using the case analysis method. The second chapter is the legislation of the various countries about the protection of the minority shareholders in subsidiaries, for the purpose of analyzing the same and the different ways to protect the rights of the minority shareholders in subsidiaries in the different legal systems. In the two sections, we researches on the different legislation of common law system and the civil law system, including fiduciary duty of the common law system, union report of the civil law system and so on.The third chapter is the protection of the minority shareholders rights in subsidiaries of our country. The first section researches on the legal principle theory of law of the protection. The second section analyzes the flaw of our company law about the protection of the minority shareholders in subsidiaries, proposes certain ways to consummation our legislation. The third section talks about how to build a complete legel skeleton of the protection of the minority shareholders rights in subsidiaries.