Comment On Rights Protection Mechanism Of Minority Shareholders

The rights protection of minority shareholders has become a big problem of corporate governance in the world, the big shareholders often occupy the interests of minority shareholders of listed companies, which is said to be a serious problem of stock market in china. How to balance the interests between the shareholders, make the big shareholders uphold their integrity and enable the minority shareholders to the full exercise of the right to speak has become an important research topic. My viewpoint is that we should establish an effective mechanism to protect the interests of minority shareholders. On the one hand, it can improve the internal management structure of companies, and on the other hand, it can let the external constraints intervene the companies'operating system moderately, and constraint the disadvantages of "big shareholder rules" through the system.This acticle is composed of four parts:In first part, which begins with the situation that the big shareholders depredate the minority shareholders'rights, points out the practical significance of the construction of minority shareholders protection mechanisms.The second part reveals the reasons of the damage of minority shareholders'interests from the abuse of the principle of equality, the alienation of the principle of majority-capital rule, and the missing of faithful obligation of big shareholders.In the third part, the author sum up the achievements and shortcomings of the minority shareholders'rights protection mechanisms through the comparative law studies of the domestic and international mechanisms for the protection of rights and interests of minority shareholders.The fourth part is the focus of this article. This part discusses the improvement of minority shareholders'rights protection mechanisms. Points out that we should make an organic combination of three protection mechanism: prior prevention, supervision in the process and relief after the consequence, construct the minority shareholders'rights protection mechanism for the development of company system of our country.