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Research On The Legal System Of The Exercise Of Small Shareholders' Network Voting

Posted on:2016-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:H S DongFull Text:PDF
GTID:2206330461964985Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The legal system of the exercising of small shareholders’network voting rights refers to the civil and commercial legal system which aims to effectively solve inconvenience and "rational apathy" problems of small shareholders in the process of exercising shareholders’rights through voting and make small shareholders participate in decision-making activities, exercise their voting rights and form shareholders meeting resolution through the form of network communication. The theoretical foundations of the exercising of small shareholders’network voting rights include economics foundation, engineering foundation, fundamentals of science of law and so on. Besides, the practical basis of the exercising of small shareholders’ network voting rights contains three aspects, to be specific, small investors’ gradually-strengthened consciousness of participating in corporate governance in China, the rapid development of mobile Internet foundation in China and the reality require of perfecting the governance system of listed companies in China. Moreover, the main problems existing in the practice of the exercising of small shareholders’ network voting rights include the prevailing of "useless theory of voting" caused by unidentified right, "rational apathy’caused by the cost-benefit distortion and the limited network voting caused by knowledge and technology, etc.; problems existing in China’s legal system of the exercising of small shareholders’ network voting rights include lack of necessary laws and regulations, the disjunction of current many specific rules and practical operations as well as untimely and inadequate solutions of related laws and regulations on network technology and safety issues. The legal system of the exercising of small shareholders’network voting rights in the United States, Britain, Japan and other countries and their practical experience enlighten China to identify the related legal norms in the form of legislation and adhere to the progressive principle in the process of legislation; in addition, China should perfect it continuously in practice and form a sound legal system. The basic ways of perfecting China’s legal system of the exercising of small shareholders’network voting rights are to modify the Company Law as soon as possible from the perspective of network voting and formulate special laws and regulations, make principle provisions about legal system of small shareholders’network voting in the Company Law, continuously introduce the corresponding laws and judicial interpretations, and conduct the legal authorization on the documents of China Securities Regulatory commission. The specific improvement measures include setting up small shareholders’rights consciousness education legal system, strengthening the agent legal system of small shareholders’voting rights, establishing the legal system of small shareholders’voting rights protection, and perfecting the legal system in the general meeting of shareholders network voting.
Keywords/Search Tags:Voting Rights of Shareholders, Exercising of Small Shareholders’ Network Voting Rights, Company Law
PDF Full Text Request
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