Research On The Protection Of Minority Shareholders' Rights And Interests In China

Limited by Share Ltd play a decisive role in the society of our countryeconomy, how to ensure the fair and efficient operation of joint-stockcompany is a major task of the company law of china. Co., LTD., one ofthe major role is to accumulate in the short term the social capital ofidle capital strength of the company. Co., LTD. In the process of smallshareholders in the company’s daily management relative to the weaknessof the controlling shareholders has a natural, if not strengthen theprotection of the legitimate rights and interests of small shareholderscan reduce small shareholder investment enthusiasm, thus affecting thenormal economic order of the company. Joint-stock company’s developmentneeds a long-term investment, if the majority of small shareholdersinvestment on the short-term speculation, but does not pay attention tothe long-term and stable development of company, not only will cause thecompany’s working capital, but also affects the normal development of thecompany. To protect the legitimate rights and interests of smallshareholders, promote small shareholders investment enthusiasm, not onlyfor small shareholders interests and to the entire social and economicdevelopment is of great significance. This article is divided into fourparts.The first part of this article first analyzes the co., LTD., thetheoretical basis for protection of the rights and interests of smallshareholders, namely around the shareholders equality principle hascarried on the related discussion, respectively from the shareholdersequality and equity equal comparison, the meaning of the principle ofequality, characteristics, and discusses the meaning of the principle ofequality of shareholders, finally has carried on the back to the principleof equality of shareholders, analyzes the principle of shareholders toparticipate in management decisions on the company of great significance. In this paper, the second part analyzes the typical countries co.,LTD. Protection of the rights and interests of small shareholders of theprovisions of the legislation and the relevant system.The third part is analyzing the shares in the company of the companylaw of our country small shareholders’ rights and interests protectionlegislation present situation, shortcomings.In this paper, the fourth part combines the actual conditions of ourcountry ownership structure concentrated put forward Suggestions ofperfecting our country’s corporation protection of the rights andinterests of small shareholders. Specific include: network votingshareholders to legalize way; Expand the scope of the small shareholders’right to know and the improvement of the shareholders’ inquiry rightsystem; Small shareholders temporary general meeting of shareholdersconvened qualifications and the improvement of the program; The board ofdirectors of the listed company independence play effectively;Shareholder representative litigation system subject to expand;Controlling shareholders to legalize the obligation of good faith, etc.