The Study Of Law System Of Investor Protection Association

The company system has been generated from a few hundred years ago. In the several hundred years, it has experienced a course that from small to big , from close to open and from imperfect to mature gradually. Especially the qualified companies can raise money quickly in a short period of time with the modern corporate system, the object of these companies are the capital club or fund company with millions of money , and common individuals . In these shareholders , the one who invest less money or whose shares are below a certain proportion are the minority shareholders.As the weak of the corporate governance structure, the minority shareholders has been received the approval.They are always by hand by company controlling shareholders and the victim of their interests, this is a massive blow to enthusiasm of minority shareholders in investing and managing company. Because of china's capital market developed later, there are no good methods for this kind of problem. Although the revision of the law of corporations gives some rights and interests to the minority shareholder, these rules are relatively simple to operate, or can't run because of harsh requirement, causing a embarrassing condition for small and medium shareholders who can't have the right to exercise.In view of the institution of the law of corporation playing a small role in protecting the rights of minority shareholders, this article attempts to break through revision of company law simply, but resort to a kind of new mode--small investor protection association, seeking the strengthening mechanism of protecting minority shareholders.In addition to introduction and conclusion, this paper Consists of four parts:The first part Minority shareholders and it's protection status. In this part, the author considers that minority shareholders don't have a fixed proportion in law, but usually mean those who can not be able to reflect their decision to the company because they have relatively little voting rights. To minority shareholders, our country's current "Company Law" has done a lot of regulations to protect their rights and interests, but this protection to minority shareholders by the"Company Law"have two sides between "can"and "can not".For the arduous and complicated work of protecting minority shareholders,we can not simply rely on the institutional arrangements and implementation of the Company Law,also can not expect to make a kind of law system arrangement for all in the company; instead, we should also seek other paths, "multi-pronged approach, " working together to protect the rights of minority shareholders.The second part Investor protection association and its theoretical basis for the establishment. This part considers, internationally,investor protection association or similar organizations have existed since a long time ago and have existed commonly in some countries and regions in economic life;the so-called investor protection association, is a non-profit organizations that in order to protect the interests of investors and formed by investors.In practice, the investor protection association takes protecting the interests of minority shareholders for its responsibility.The establishment of investor protection association will play an important role in protecting the right of know of minority shareholder, facilitating the exercise of voting trust, implementating derivative litigation and direct action effectively.Meanwhile, the establishment of investor protection associations can find a theoretical foundation in economics, law, sociology and political science, therefore it also has legitimacy.The third part The comparative study of investor protection organization between foreign and Taiwan region.In this part,the investor protection organizations introduced, mainly include Securities Investor Protection Corporation of America, South Korea's Unity And Democratic Participation Alliance, Japanese Shareholders Guardian and Securities and Futures Investors Protection Center of Taiwan region. The purpose of this section is providing reference for the establishment and system structure of the investor protection association of china.The fourth part Legal system design of china's investor protection association.This part makes a discussion to the main system about the establishment and operation of investor protection association of china. These systems include the creation mode, the location of legal nature,legal status,setting the scope of protection object, financial security, governance structure and responsibilities.