On Ag Shareholders' Voting Rights Restrictions

Restricting shareholder rights abuse of corporate governance is a major issue, the abuse of the rights of shareholders will not have a fair. Therefore, we need to establish a system to effectively check and restrain the power of large shareholders to limit the power of large shareholders abuse. This is also China's current company law legislation should be included. In response to this phenomenon and thus trigger a series of problems, from the shareholders the right to vote is restricted to the general theory begin, shareholders the right to vote on the legal basis for the restrictions on shareholder voting rights and the specific situation analysis, combining our shareholders and the exercise of the right to vote and legislative gaps in the status quo. in reference to foreign and China's Taiwan region on the basis of the successful experience of improving shareholder voting rights limit legal advice.This paper is divided into four parts:The first part is shareholders outlined a system to limit the right to vote. The analysis of some of the major shareholders voting system and other related concepts of distinction, a major role, A principle of a fight to vote and shareholders deficiencies limit the right to vote, the establishment, as well as restrictions on the voting rights of shareholders of legislationPartⅡ: restrictions on the voting rights of shareholders theoretical basis. Restrictions on the right to vote, the shareholders have established solid theoretical basis. From the part of jurisprudence, the Civil and Commercial Law and Economics, three ways of shareholders voting restrictions theory. This paper believes that, first of all, the basis of jurisprudence, the principle of fairness and efficiency, the principle of justice, balancing the interests of all shareholders the right to vote on the request for restrictions; Secondly, the Civil and Commercial Law school basis, According to the principle of the right not to abuse that right to exercise certain rights shall not exceed the limits not prejudicial to the interests of others and the interests of society, this requires the exercise of the right to vote at the shareholders should not accept the detriment of the company and other shareholders restrictions. In addition, the principle of equality requires shareholder appropriate restrictions in the superior position of the rights of shareholders. Fill the inferior status of the rights of shareholders, shareholders of achieving real equality, this makes the shareholders the right to vote on the restrictions become inevitable; finally, based on economics, "Economic Man" theories ask us to address the shareholders with "economic" and with characteristic self-motivation and the pursuit of profit Dahua, to shareholders restrict the right to vote, so that each shareholder of the company shares can be seen to be given equal opportunities of development. Equal opportunity to express their will, shares of companies sharing development results, which is what economic principles of democracy should be up.PartⅢ: restrictions on voting rights of shareholders in the composition. Some of the restrictions on the right to vote from the main, Legislative cases and restrictions on the right to vote of shareholders in the form of restrictions and violations of the right to vote, the legal consequences, that the right to vote to shareholders appropriate restrictions on break, "a one" principle, is the real protection of shareholder rights are essentialThe fourth part is about shareholders the right to vote in our system to limit the application. First analysis of a system to limit shareholder voting rights in China to establish the feasibility, that the establishment of the right to vote in our system to limit the need. Secondly that the current legislative situation and the problems that limit our right to vote, the system is far from perfect, there are many legal system is involved or not involved although it provides simple. I think the perfect system to limit our right to vote, highlights of the shareholders the right to vote should be a system to limit shareholder voting rights stake limit Cross-ownership restrictions on the right to vote the shares, the company held its own restrictions on the voting rights of shares in three aspects of system design. And from abroad, and China's Taiwan region on the basis of legislation, for the right to vote, excluded from the system by means of relief are discussed in detail.I hope that the shareholders from the company and shareholders with the conflict of interests between China and analyze the nature of the right to vote. Through the exercise of voting rights to shareholders with the exception of principle, recognize that the interests of shareholders of the importance of balance, so as to the protection of small shareholders has played a positive role in promoting.