Shareholder Proposal Right System Problems Research

Shareholder proposals have a certain qualification of the right refers to shareholders to the shareholders meeting the requirements of the proposal put forward rights,participate in the company management is shareholder one of the important ways.In corporate ownership and separation governance mode, shareholder proposal power prompted shareholders actively focus on the company’s affairs, through exchanging information supervision and management of the faithful and diligence as agent obligations. Meanwhile shareholder proposal for the company itself is right "capital control most of the" this principle the correction, better remedy for equity the principle of equality between the shareholders caused by an imbalance of the state power, worked hard to maintain shareholders meaningful equality, prevent individual interest to the overall interests of the company’s damage, indirectly realize the purpose of protecting the minority shareholder rights.Our company law formally established this system, and to a certain extent, reveal the function of the system, promote the implementation of corporate social responsibility. But because China’s shareholder proposal system introduced in this system, just on the theory of the weak, legislative principle and fuzziness outside, shareholders and how your company in practice operation, still exist many problems need to be solved urgently. The improvement of the system of shareholder proposals not only relates directly to shareholders can express, rights and free will, and can get protection affects the shareholder power to strengthen company operation supervision mechanism can truly established. Only good corporate governance system and improve the market supervision mechanism, and to ensure that our market virtuous cycle, promoting China’s economic boom. Therefore, shareholder proposal right system for the perfect systems research has important theoretical and practical significance.Shareholder proposal right subject qualification, exercise contents and procedure of the legislation is its benign operation clearly defining the foundation, shareholder proposal review is right the key link shareholder’s rights guarantee. Refers to foreign legislation and practice experience, based on the right of shareholders’proposal will, our shareholders legislative proposal right system should adhere to the rights and prevent abuses of the idea, reasonable of constructing perfect of shareholder proposal censorship of the proposal scope, the review of the subject and demonstrative obligation to clear rules. Moreover, the shareholder proposal right violations of different circumstances, timely take effective remedy way.