Study On The Shareholder's Purchase Reference Of The Limited Company

That the stock ownership can be transferred freely is one of the basic principles in the Law of Corporation of all countries.The human resource integrity of the limited liability company requires stability of shareholders structure.The top priority of shareholders' purchasing right shows its important system value in the Law of Corporation for protecting the human resource integrity and stability of one company.It plays a balanced role in the mutually influence among the flowing of stock ownership the safety of trade and the human resource integrity.Although the revised Law of Corporation of our country has improved the top priority of shareholders' purchasing right system,it is still not enough to settle all disputes in reality.The present Law of Corporation does not make clear regulations on such things: what the legal nature of the top priority of shareholders' purchasing right is? Could it be used partly? How deeply one company's regulation could restrict the transfer of stock ownership? How to make a definition on "the equal situation"? How to deal with the conflict between the top priority of shareholders' purchasing right and the compulsory auction? So,it brings negative influence on the protection of shareholders' legal rights.Starting with some related cases about the top priority of shareholders' purchasing right, the author analyses some common disputes in judicature practice of our country,and tries to find the research direction for further development of the top priority of shareholders' purchasing right.After that,the author provides some related suggestions through the discussion on the use and protection of the top priority of shareholders' purchasing right, hoping it could be useful for the improvement of the Law of Corporation.The paper is divided into four parts,including the introduction,the outline of the top priority of shareholders' purchasing right,the use and legal protection of the top priority of shareholders' purchasing right,developing advices and the conclusion.In the first part,the author points out some shortcomings of the top priority of shareholders' purchasing right which exist in the legal practice fields by analyzing close cases.In the second part,the author elaborates the basic principles of the top priority by analyzing its conception,legal bases and nature.In the third part,the author tries to find a better way about the legal protection of the top priority.In the last part,the author provides development suggestions based on the existing situation and problems of the top priority of our country.