TO Protect The Right Of Limited Partners From The Perspective Of Conditioning And Balancing

With the fast development of the risk investment,limited partnership,as a flexible form of business organization,plays an increasingly important role in economic life.Many important rights,including management rights are monopoly enjoyed by the general partners in the limited partnership.As the main contributors,the rights of limited partners have not been well protected. For the healthy development of limited partnership,the protection of the limited partners becomes to be the focus of attention to maintain the right balance.By analyzing the current status of the limited partners' rights,collimating the legislation and practices of the common law and the civil law countries in protection of the limited partners' rights,the thesis proposes that we should enrich the rights of limited partners from the perspective of the right to know,the right of management,the Lutheran Church right and the right to profit.On the basis of the Rights Conditioning and Balancing Theory,the right of limited partners will be well protected and the rights can be in balance through the expansion of the right to know,the entitlement of the management right,refinement of the profit right,and through the binding of the Lutheran obligations to the general partners.By those arrangements mentioned above,the limited partners could know more about the operation and financial position of the enterprise and participate actively in the management of the enterprise.The general partners will no longer monopoly enjoy the right of the operation and management of enterprises.The efficiency of management will be greatly enhanced and the risk of moral hazard will also be greatly reduced on the contribution of the internal competition and supervision mechanism' activation.The limited partnership will steadily forward in a harmonious mechanism and it will play a positive role in promoting the development of risk investment.