On The Collecting System Of Our Country The Right To Vote

With broaden of the modern company’s scale, the stockholder become more and more detract. In order to get more benefits and less cost, the voice right of the small stockholders has been deprived, then product the stockholders have the right to vote. This kind of right was born in American, then diffuse to Taiwan, Japan and Korea. The right to vote has different names in different countries. In Taiwan we call it "Voting Proxy Solicitation". In Korea and Japan, people call it "The Proxy of Voting Rights to Exercise Guidance". In American, England, France and any other western countries, people call it "Agent Responsibility book" But in China we still don’t have a clear name, we can use anyone of them."Proxy Solicitation Right" we can also it the collection of the proxy, the purchase of power of attorney, the collection of the right to vote, the collection of vote, induce of a letter of attorney and so on. I consider that call it the solicitation of the right to vote is the best, because it extrude the character of company’s law confine. And at the same time the inviter belongs to agent, people who is collected belongs to client. The solicitation includes the relationship of commission and agent, so people may misunderstand the name of the collection of power of attorney. So this paper is to discuss the collection of the right to vote.This paper is divided into four chapters. The first chapter discusses the concept and the function of the voting rights of solicitation, mainly introduce the meaning of the voting rights of the solicitation and legal theory, the positive functions and negative functions. The second chapter describes the voting system from abroad, which is the United States and Taiwan’s legislative cases included solicitation subject and pattern, ect. Solicitation subject divided into two parts mainly. The qualification of open solicitation and restrictive solicitation. The fomer goes for the United States for highly decentralized stock equity and developed market, the latter governs Taiwan for a sort of family business in case of the occupation of directors and supervisors violation the interest of shareholders from themselves. The two which I mentioned above are the most typical and researchable legislation. In the third chapter discusses the current situation of solicitation system and legislative suggestions. Take some famous cases which are happened in the domestic and analyse the existing problems which are no clear system of information disclosure for voting solicitation; mistrust to other shareholders; lack of solicitation cases from listed company which is decentralized stock. The following comes to domestic solicitation system and its own problems, the last for legislative improvement based on current problems, including under the Corporation Law and Securities Law that special standerlization and management of the operational rules for voting rights. In this part I clarify that our country cannot be like the’ United States or Taiwan to apply open solicitation and restrictive solicitation.To combine with the domestic conditions and market environment should limit time to solicitation people. For the regulation of content should narrow the gap of information between solicitation people and be solicitation people as far as possible. For the regulation of pattern should be based on the system of equality, justice and public solicitation to take fee and send the provisions of the shareholders. Responsibility for the rules of solicitation people when there’s no appropriate place should be subject to legal responsibility.