Research On The Law Mechanism That Shareholders Exercise Their Voting Rights Over Internet In China

Shareholder's voting right is an important tool for them to exhibit their identities, to participate with companies'decision-making and to master the right of controlling. It is the only access for shareholders to protect their ownership of their company; while the voting right over internet is a credible guarantee for them to implement their right in this informative society. The voting right over internet has a great influence on implementing and protecting of shareholder's rights and restricting on inappropriate control of operation. The voting right over internet of shareholders'meeting has an authoritative law mechanism abroad, while it is new, in some extent, in China. Considering the importance and the development of voting over internet, it is necessary to set up a systematic law mechanism to regulate ours and to mature it.This thesis is based on theory-analyzing; absorbing regulations and laws from America, Japan, and Taiwan in China; discussing the necessity, feasibility and institution of establishing that law mechanism; and providing suggestions of amendment from different levels. The whole thesis is composed of three parts: introduction, body and conclusion. For the body part, there are five main points.First, it theoretically interprets shareholders'voting right and its implement. It starts from the definition and characters of vote and classifies ways of implementing. Then, it briefly criticizes the traditional ways of implementing. Finally, it describes the significance of shareholder's voting over internet in general.Second, it demonstrates the necessity to build law mechanism that shareholders exercise their voting rights over internet. Combing law theories and judicial practice, this part analyses it from point view of realistic foundation and corporations'law. In the author's opinion, establishing law mechanism that shareholders exercise their voting rights over internet is beneficial for China, and for complementing the existing voting system. It will help shareholders have the real freedom; furthermore, it is significant for companies to achieve democratic decision making, innovate shareholder's activity of voting and protect the median and minority shareholders.Third, it demonstrates the feasibility of establishing law mechanism that shareholders exercise their voting rights over internet for China. First, it analyses the background, which is the e trend of firms themselves and their existing environment and the whole improvement safety of the internet. Based on these points, the author compares American law mechanism and that of Japan in detail, which is for the purpose of providing valuable suggestion for China's law mechanism.Fourth, it analyses in detail the law mechanism that shareholders exercise their voting rights over internet in institution, which is the crucial part of this thesis. Using comparison and demonstration, the author gives explicit analysis on the frame of theory, beforehand procedure, working procedure, afterwards procedure and relationships among traditional vote systems. In this part, the author uses comparison mentioned in the third main point to provide a particular analysis on the procedures associated with speciality of our voting law mechanism and the existing legal environment of cooperation.The last part is the conclusion. It provides suggestions for China on related addition about Corporations'Law and maturity on some particular regulations.