On Co., Ltd. Of Minority Shareholders Interests Of The Protection Of The Law

Presently, minority shareholders'rights and interests of our country protection insufficiency, sometimes the major stockholder violates the minority shareholder rights and interests event to occur, causes the society widely to pay attention. Corporation of our country is opposite speaking of the minority shareholder rights and interests protection's system in the developed country produces late, and is not very mature,"Law of corporation"after 2005 revision is very greatly progressive, but there are still some disappointments in it. Therefore, it is necessary to profit from the developed country the minority shareholders'rights and interests protection aspect quite mature procedure, and unifies my realistic national condition and the legal present situation, establishes conforms to our country actual, to have the operational minority shareholders'rights and interests safeguard legal framework, this article namely launches the elaboration according to this mentality.First the author carries on the inquisition theoretically to the minority shareholders'rights and interests protection questions. The centralism in our country Limited liability company the minority shareholders'rights and interests the main performance which will violate will be introduced that then through the phenomenon investigated the question will appear reasons.It is clear that"the stock decided the principle most"has abused, the company to supervise does not arrive as well as the minority shareholder"the while vehicle"and aspect and so on congenial psychology reasons. Then draws out the significance of protection, and points out that is not only strengthens the capital market financing function to the minority shareholders'rights and interests , but also safeguards the capital market long-time healthy development. Finally the article carries on the elaboration to the protection principle. That is mainly the stockholders'rights equal rule and inside and outside unifies the principle. Then discuss the protection mode of minority shareholders'rights and interests overseas. The author represents the comparative analysis of the country in the two legal systems to protect the minority shareholders'rights and interests and points two ways to solve the problems.Then unifies our country actual situation in the contrast advanced experience's foundation to make the summary, points out that in the shareholder right of suit stipulation the related question and independent director's perfect question, provides the mentality for the fourth part of writing. The third part is to present situation introduction and the evaluation to the legal protection to minority shareholders'rights and interests of our country. The union to the minority shareholders'right of know safeguard, the right to vote safeguard, the withdrawal mechanism safeguard, the shareholder lawsuit safeguard as well as the control holding stockholder's right abuses, aspects and so on strict supervision connection transaction to protect the present situation the introduction, carries on legislates and enforces the law in two stratification plane evaluations. Last part, the article unifies the second part of summary to consummate minority shareholders'rights and interests protection the question to give my own comment from the legal angle. Including practical display independent director in protection young shareholder rights and interests aspect function; and further consummation shareholder lawsuit right; and perfect procedural law, implementation case guiding principle; and refinement trustee supervisor and high tube personnel related duty; and in strengthening the"host"consciousness of minority shareholder.