Research On The Legal Protection Of The Rights And Interests Of Minorrity Shareholders In Limited Companies

Since the held corporation appeared, it provided investors a lot of money in the shortest possible time,satisfied the large investor to obtain the biggest income with the limited liability ,it is an inportant system to acquire quickly economic development to every country.But it also brought some problems with developing of the held corporation system, among which the violation to the rights and interests of minority shareholders is express outstanding.The problem also affects economic development and social stability seriously.This text tries to put forward a series of suggestions in protecting the rights and interests of minority shareholders by studying relevant theories in abroad and combining our actual state situation together.The article is mainly divided into five parts:Chapter one The theoretical foundations of the protection of the rights and interests of minority shareholders.This chaper mainly discussed the protective contents and classification and theory foundation in rights of small minority sharholders, which prepares the theory support for the legislation consummates in rights of small minority sharholders.Chapter tow Historical evolution of the protection of the rights and interests of minority shareholders. Looking back the protective history in rights of minority shareholders of two greatest system of law, and the legislative change of our country in this aspect, drawing lessons from which to provide a more reasonable support to our protection system in rights of small minority sharholders.Chapter three The present condition of the violation to the rights and interests of minority shareholders in our country and its causes.Through investigation to the present condition of violation to the rights of minority shareholders,we can find that it is the main root for the violation to the rights and interests of minority shareholders that the major stockholder forms the domination to the company with abusing the capital dominance principal. Through the reason analysis,we can find that the main reasons for such condition of the violation to the rights and interests of minority shareholders in our country are the imperfection of mechanism in the company and the lack of the effective supervision and the imperfection the lawsuit mechanism.Chapter four The consummation of the agencies and the mechanism of company to the protection of the rights and interests of minority shareholders.I think we shall take the foreign experiences in for reference to establish a series of concrete measures in protecting the rights and interests of minority shareholders from the legislative flaw embarks of the shareholder's meeting system, the director's board system and the supervisory committee's system.Chapter five The derivative action system to the protection of the rights and interests of minority shareholders. I take some suggestions from the main body,lawsuit shareholder's right and responsibility,lawsuit effectiveness and so on, with taking the foreign experiences and our country's concrete national condition,so that they can make our country's shareholders to derive the lawsuit mechanism to be more unimpeded and provide the most superior relief channel for minority shareholders.