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Improvement Of Company Law About Shareholders Rights From The Multi-dimensional Perspective

Posted on:2009-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:X J LinFull Text:PDF
GTID:2166360245990367Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The company is an organization of creating wealth and wealth-sharing. It not only owns property, but also owns the rights of combination labor, so the company law is not only the main organization law of civil law, but also the organization law of the economic subject. Because of this, many law departments can study the company law in different angles. The biggest value of the company is to obtain more benefits for its shareholders. All the nations are concerned about the rights of shareholders generally, and China is no exception. The new "Company Law"which implied on January 1, 2006 protects the interests of investors as its basic purpose. It reiterats the contents of the rights of common shareholders, while reforms the interests of shareholders in many aspects, including the expansion of Shareholder's right to know, an increasing of shareholder derivative litigation legal system. However, if we analyze the new "Company Law" in detail, we can find there are still many deficiencies in its legal provisions about the rights of shareholders. So it needs to be further improved. On how to improve the new "Company Law" in the rights of shareholders, most academics research the rights'perfection of shareholders of the legal provisions from the Civil and Commercial Law perspective .In my opinion, this approach is relatively one-sided, because the rights of shareholders are a kind of comprehensive rights which are located by the subject. The rights of shareholders are multidimensional. It is not merely study area of the Civil and Commercial Law, but should be included in the Perspective of Economic Law. For this, the author makes the study in the relevant provisions of the new "Company Law"from the multi-dimensional perspective of rights of shareholders and analyzes the rights of shareholders which provided in the new "Company Law" within the framework of shareholders'rights classified in the law departments.Unlike the rights of shareholders equity, the nature of the rights of the householders is the rights of the shareholders'qualification, which is multidimensional. Theoretical circles classify the rights of shareholders under different standards. But they have various deficiencies. The author of this paper analyze the rights of shareholders in a new perspective .That is to classify the rights of shareholders under the standards of the department law. The rights of shareholders will be divided into the civil rights of shareholders, the economic law rights of the shareholders and the procedural law rights of shareholders. The civil rights of shareholders are the rights of the existing property tenure and the rights to the identity of the shareholders. The economic law rights of the shareholders are the rights of protecting the common interests of the incremental rights in the process of cooperation. The procedural law rights of shareholders is the rights of the prosecution to the court and request for the corresponding protection when the rights of shareholders or corporate interests are violated .On this basis, the author will classify the rights of shareholders in accordance with the various departments of the right standard. The civil rights of shareholders are including the right capacity as shareholders, the right of the share transferee and the right priorities, the shareholders eligible to inheritance rights, the right to request the dissolution of the company, the right to repurchase shares. The economic law rights of the shareholders is including the right to know, the question right, the right sponsors, the cumulative shareholder voting rights, the right to capital gains . The procedural law rights of shareholders are including the direct right of action and shareholder derivative actions of the shareholders. then within the framework of shareholders'rights classified in the Law departments , we analyze the rights of shareholders which provided in the new "Company Law" . In the last article, the author makes a number of shallow views of the improvement in the order to cause people concern the entire new "Company Law" shareholder rights, so as to promote related Provisions to be perfect.
Keywords/Search Tags:The rights of shareholders, The rights of shareholders multidimensional, The civil rights of shareholders, The economic law rights of the shareholders, The procedural law rights of shareholders
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