On The Maintenance Of Shareholders' Voting Rights

The phenomenon that the legitimate rights and interests of the minority stock holder in China are infringed by big shareholder and operator can be found everywhere. In this case, the vote meaning in the company of the shareholder of China has already been conquered and annexed by the big shareholder, the vote strength of the minority stock holder in China is nearly zero, the big shareholder's vote meaning almost becomes meaning of the company, the interests of the minority stock holder become quite easy in the big shareholder infringes for private interests . In order to overcome this kind of drawback in the company manages ,This text thinks , the minority stock holder's right to vote is an important outlet while safeguarding.The foreword part of this text has explained the writing cause and writing purpose and writing method of this text mainly. Writing of this text cause is that because big shareholder and operator grasp control power of Company mainly, they feel a pain get general effective supervision of shareholder very much, actual life infringe example of stockholder's equity a lot of. Writing of this text purpose through "voting right of stockholders maintain" theory is that it can make maintenance of voting right of stockholders helpful to reality to attempt to probe into correctly. This text adopts multidimensional research approaches , such as the contract theories of comparative jurisprudence , sociology , economics , and company ,etc. mainly.Besides foreword, this text is divided into four parts altogether. First part of this text describe the legal principle foundation that the voting right of stockholders safeguards mainly. This text thinks that the right to vote at the shareholders' meeting is shareholder's peculiar right, principle of voting right of stockholders " one one right " principle equal with shareholder essence unity of principle, nature of voting right of stockholders whether shareholder control company is it invest in rational expectancy of value to realize. This text divides the maintenance way of the voting right of stockholders into leading maintenance,maintenance in the vote mechanism of the voting right of stockholders and trailing maintenance of the voting right of stockholders.Have described the leading maintenance of the voting right of stockholders with the second part of this text. This protection is from shareholder's information right mainly of part, shareholders' meeting convene maintenance of right and shareholder propose right maintenance . The protection of shareholder's information right is prerequisite one of the conditions that the voting right of stockholders safeguards, it is it inquire right , investigation right . Shareholder shareholders' meeting convene right to make important terms that shareholders' meeting hold effectively, only through convening the procedure , could make shareholder's meeting held effectively and normally . Shareholder propose right getting leading terms that voting right of stockholders maintain too, this text think, the motion must accord with relatedly and procedurally .The third part of this text is the maintenance in the vote mechanism of the voting right of stockholders. The construction of accumulating voting that made, this text thinks ,should adopt the mandatory legislative mode . The getting together of right to vote means that a lot of right to vote concentrates on standing up in unison and exercising , and then form a whiff of power of voting . The right to vote gets the construction of the system together , this text think, mainly from perfect right to vote collect system , right to vote trust system , right to vote agreement system and right to vote buy and sell system is it go on to come. The restriction on big voting right of stockholders, this text thinks , it is a way in which the medium and small voting right of stockholders safeguards.Have described the trailing maintenance of the voting right of stockholders mainly with the fourth part of this text. The relief to the shareholders' meeting flaw , this text think, pass a resolution flaw cure and cancellation, change , invalid confirm of resolution is that realize to come to tell mainly.