Corporate Voting Mechanism To The Protection Of The Interests Of Minority Shareholders,

The capital voting system has experienced from the unanimous approval principle to the capital majority rule in the company history. The capital majority rule is the inevitably choice of the company as the capital enterprise. Although the capital majority rule has the flaw, its cornerstone status is still unshakable. But the capital majority rule has the dissimilation danger. In the practice, the phenomena of controlling shareholders abusing their holding stock superiority to harm the rights of middle and small shareholders are very common. Under the inspection of legislation of various countries and places, they mainly construct the voting system with exclude the voting right, limit the majority voting right, cumulative voting system and voting right agency to revise the capital majority rule dissimilation and protect middle and small shareholders. Our present company law has established the capital majority rule and prescribed exclude the voting right, cumulative voting system and voting right agency. But it has some insufficiency, urgently to be perfected.