On The Appraisal Rights Of Dissenters

The appraisal rights of dissenters is the right of minority shareholders, who dissent from certain important decision on corporation made by shareholders' general meetings based on "the majority principle", to dissent the decisions and to exit from the corporation through obtaining the appraised value of their shares. The system was firstly provided in America and now it has been adopted by many countries' statutes for its outstanding function on protecting the minority shareholders' interests. There are also two articles about it added into Chinese new Corporation Law.It is intended to analyze relevant problems of the appraisal rights of dissenters through reviewing history and comparison. The faultiness of our country's statute and its application will also be a topic of the article to perfect the system. The article is to analyze the basic theories, function evolution and jurisprudence base of the appraisal rights of dissenters. The overseas legislation on the appraisal rights will be introduced to perfect the relevant provisions of our country. Meanwhile, the author will connect the systems which have the same function on the level of procedure to supply the minority shareholders with a remedial system to get comprehensive protection.