Research On Proxy Solicitation System

The entire circulation of China stock market disperses the stockholder's rights of the listed company. The relatively dispersed stockholder's rights have created the condition for the establishment and development of the Proxy Solicitation system. At the same time, they have formed an effective operation environment for the Proxy Solicitation system, which have been proved by our country more and more frequent Proxy Solicitation practices in the 21st century. Therefore, under such condition, it is necessary to establish and consummate our country's Proxy Solicitation system as soon as possible, to transfer our spontaneous Proxy Solicitation practice to an initiative and laws-supported legal act, and to make Proxy Solicitation system to become an important approach and method for the governance of listed companies and the maintenance of the small stockholder's rights.The comprehensive survey of the domestic and foreign legislation practice, many countries and regions, such as US, Germany, Japan and Taiwan area, have already established such system.The article trys to carry on a systematic research on Proxy Solicitation system, based on domestic and foreign legislation and practice, through the comparison and historical method. On the ground of the basic research on the theory of Proxy Solicitation system, the article has analyzed the questions which exist in our country Proxy Solicitation system legislation and practice. It also analyses deeply and systematically on the definition, the information disclosure, the paid solicitation, the procedure standard, the relative legal liability, and so on. Finally, it puts forward the corresponding legislation proposal.