Capital Majority Vote

Capital majority rule is a basic principle of corporation law, and it is also a sign of discriminating the corporation of Capital joint and the corporation of Personal joint. In the modern market economic system, capital majority rule as a principle plays an important positive role, but at the meantime it also plays a negative role. That depends on how to understand and use capital majority rule. This thesis analyzes the concept of capital majority rule and its advantages and disadvantages. In fact it is necessary that capital majority rule exist in corporation law. The characteristic that market economy is competitive economy, venture economy and credited economy requires the sustentation of capital majority rule. So research on capital majority rule has a great signification both in theory and realism. This thesis is some study on capital majority rule and can be divided into four parts.The first part is mainly the summarization of capital majority rule in law. Firstly it defines the concept of capital majority rule. Then it gives an analysis and fixed position on the limitation of capital majority rule renewedly.The second part lays out the theoretical probation to the misapplication of capital majority rule and the countermeasure to solve out the problem. First it explains the form of the misapplication of capital majority rule and insists we should strictly define the concept of capital majority rule. And then it introduces a practical case to illuminate the possibility of the misapplication of capital majority rule. Finally integrating the legal situation of capital majority rule in many countries, it discusses how to limit the misapplication of capital majority ruleThe third part is to advise how to construct the theory about Control-Shareholder's faithful obligation. This part mainly analyzes the ways to limit the misapplication of capital majority rule. Firstly it defines the conception and connotation of the theory about Control-Shareholder's faithful obligation. Then it particularly discusses the theoretical foundation of Control-Shareholder's faithful obligation. Finally combining the legal practicein our country, it stresses the particular content of the theory about Control-Shareholder's faithful obligation, including the main representation of the behavior of Control-Shareholder's disobeying faithful obligation and the redressing measure to the behavior.The fourth part mainly probes into the relationship between capital majority rule and China's economic developing. This part dissertates the great historical signification of Capital majority rule to China's economic development.