| The young shareholder's right cannot obtain the basic safeguard, this in Our country Corporation is the very universal question, its essence mainly displays is controlling the major stockholder right to abuse the correlation legislation imperfect as well as the legal system imperfect three aspects. Therefore has the necessity to obtain in these aspects, in consummation young shareholder's right protective measures. This article hoped that, our country law of corporation in the model various countries and the local correlation legislation and in the legal precedent foundation, unifies our country's actual national condition, protects to Chinese young shareholder's right. Finally achieved the society harmonious and manifests the law to be fair, equal goal.Beforehand guards against, mainly obtains from four aspects. First establishes the accumulation voting right in the accumulation voting right the pretage procedure, establishes the compulsory cumulative voting system the legislation pattern. Next returns in the objection shareholder buys in the request power system, opposed the shareholder presents evidence the proof to control the shareholder to stem from obviously dodges for five years not to gain, five years do not draw bonus, but gain the company to do not reasonably the loss, regard as the profit. Third, in the shareholder right to know system aspect, entrusted with all shareholders to interpellate the power, the introduction in anticipation written interpellation system.Finally, convenes the request power aspect at the general meeting of shareholders to exercise the limited liability company shareholders the temporary shareholder conference to convene the request power to own stocks the proportion to reduce to 5%.Exercises the shareholder conference the shareholder to convene the request power to own stocks the deadline to define for convenes date of for 6 months from the request the extraordinary general meeting of to continue to have the stipulation proportion company stock.In afterwards provide reliefs on, mainly carries on the elaboration and the consummation from the judicial idea and the judicial process two aspects. In judicial idea aspect, perfect legal systematic characteristic. Implementation systematization idea, in law of corporation general rule minute then additional regulations shareholder's right. The perfect judicial idea, in the station neutrality standpoint the judicature, establishes the hypothesis in the essential situation to prevent the judicature is stiff, consummates the law enforcement procedure, may participate in the lawsuit regarding the indirect lawsuit company, may file the lawsuit. Achieves the suitable judicature. In the judicial process aspect, in owns stocks the time and owns stocks in the proportion to relax to the young shareholder's lawsuit limit. In our country "Law of corporation" stipulated explicitly the company the status, confirms company's in lawsuit right and the duty. Wins when the plaintiff, the company must in obtain and in the profit gives the plaintiff according to certain proportion compensation. Lost a lawsuit when the plaintiff, our country legislates the aspect to be supposed to stipulate that, in the ordinary circumstances, defendant's lawsuit expense and attorney's expense pays by oneself. But if the court thought on behalf of lawsuit mention, continues to lack the reasonable lawsuit reason, the suitable goal, the court may allow the defendant to request the plaintiff to pay the lawsuit expense, provides the guarantee, the court may permit the defendant to guarantees the property to exercise directly asks to recompense the power. The trustee defendant like has purchased the liability insurance, but also may request the insurance company to pay its expense. If the articles of incorporation have the stipulation, the fact which the plaintiff sues manifestly are fictionalize, should bear defendant's expense. If the plaintiff stems from the evil intention, sues and lost a lawsuit, but also must pay the compensation company the loss.
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