Our Shareholders Of Preemptive Right System Consummation

Shareholders preemptive right of shareholders of a limited liability company is a peculiar rights, the establishment of the purpose is to shareholders foreign equity transfer necessary and reasonable limits, so as to protect the human joining sex, stable company’s normal business order. As China’s economic and social development, the company shares has gradually become the carrier of people wealth. In recent years, ownership transfer of limited liability company is more and more frequent, following is shareholder preemptive right of disputes appear more and more trend. While China’s company law though revised and supplement of shareholder preemptive right of this law shall also have been modified, however, China’s shareholders preemptive right system is still not perfect, in our company law about partner is preferential provisions have been unable to fully meet the shareholders preemptive right practice needs. Therefore, it is necessary for our shareholders theoretically preemptive right system consummation thorough research, in order to guide the judicial practice, and future of shareholders preemptive right system changes provide the beneficial reference.This essay attempts to combine shareholders pre-emptive right theory and the judicial practice in China, to our country shareholders preemptive right system consummation puts forward some beneficial Suggestions. This paper three part of our shareholders preemptive right system consummation carries on the discussion and study.The first part is about the general theory of shareholders preemptive right. This section is the full text of the theoretical basis. First of all Stockholders preemptive right meaning and the system value for a more in-depth discussion of key research shareholders preemptive right, and puts forward the legal nature of the shareholder preemptive right is a kind of form expectations right, right, which, legal power, the beneficial rights and has the property right.The second part through our shareholders preemptive right system present situation revealing the main problems of. First of home and abroad about partner preemptive right legislation, the paper suggests that current company shareholder preemptive right in the progress of the legislation in our country, this paper focuses on the existing shareholders preemptive right system of "equal" concrete determination standards question, shareholders pre-emptive right exercise program problem, auction program shareholders preemptive right and the merger and relevant regulation of the legal conflicts, shareholders preemptive right legal protection and other major issues.The third part is the main content of this paper discusses our country, perfect the system of the shareholder preemptive right. Combined with the second part of our shareholders preemptive right system on existing problems of analysis, the authors pertinently from the law should be clear "equal conditions" the concrete determination standards, law should be clear transfers shareholder’s notice content, legal shall specify the exercise of shareholders preemptive right law shall be expressly denied during, the partial exercise of shareholders preemptions, law should specify court for compulsory execution in the exercise of shareholders preemptive right, law should specify to shareholders pre-emptive right relief presented in six aspects, the methods to solve the problems and perfecting shareholder preemptive right system suggestion for the future of the company law, and tries to modify and China’s shareholders preemptive right system consummation provide some useful reference.