The Legal Regulations Of The Controlling Shareholders Abuse Power Behavior

Control of the company shareholders to exercise control over the company’s own governance and development has far-reaching significance, but widespread phenomenon of conflict of rights and rights abuse in the corporate governance process, the controlling shareholders of the company control of a positive legal regulation, both theoretical perfection and practical significance. In the new legislative context of the legal regulation on the behavior of the controlling shareholder abuse of power as the main line, using the theoretical and practical combination of ideas, the use of the method of Comparative Law, Law and Economics Research, the related concepts of Analoguesdescribed in detail, a fundamental description of the true meaning of the controlling shareholders.This paper focuses on foreign legislation restricting the control of shareholders’rights and how to protect minority shareholders of the relevant provisions, combined with China’s political system and economic system in the legislation of substantive law, procedural law and the judicial system level should draw on and more suitable for Chinaapproach."Company Law" has been through a number of terms of the provisions of these, but not specific enough, or even a direct reference to foreign law, there is no specific combination of China’s national conditions, so these provisions should be made specific, simple, procedural, can implementation, easy to implement. Outstanding substantive law requires a comprehensive procedural law to be able to run, so I think should be the premise of the comparison and foreign legislation, combined with China’s specific national conditions, to improve the substantive law and the development of viable procedural law at the same time. This paper discusses four parts:The first part on the general problem of controlling shareholders abuses the outset that the controlling shareholders of the concepts and the controlling shareholder and the largest shareholder and controlling shareholder of the difference, and then explicitly define the concept of controlling shareholders abuses, while the controlling shareholders of the The theoretical basis for analysis of regulation controlling shareholder abuse of power behavior of practical significance and value of legal research in China.The second part discusses the controlling shareholder abuses of the system in China Research the causes of in-depth analysis of the current situation in China to control the behavior of shareholders in related party transactions, the existence of various abuses of abuse of the right to vote, occupation, and fraud causes and manifestations.The third part, a comparative study of the legal regulation of national regulation controlling shareholder abuses, analysis of national legislative regulation controlling shareholder abuses, while analysis of the comparison given the rights of minority shareholders in the national legislation, China should learn from foreign regulatory experience and the reference value of the controlling shareholder abuses.The fourth part is the core of this paper, abuses of controlling shareholders in China’s regulatory system, some of the feasibility of legislative proposals in the legislation, including the substantive rules of the system controlling shareholder abuses clear that controlling shareholders fiduciary duty, limiting control shareholder voting system to determine the controlling shareholder claims second rule, and improve corporate oversight system,"Company Law" secondary section provides the specification of the control behavior of shareholders. Procedures and regulations with respect to the controlling shareholder abuses, discussed the victims of direct shareholder litigation and shareholder derivative litigation. The level of the judicial system, focus on the protection of the interests of small shareholders in the litigation process, tilt to the minority shareholders, in order to achieve at the same time improve the substantive law to strengthen the formulation of procedural law, is necessary to improve the system of confidentiality in cases of judicial proceedings, judicial officers professional the quality of the judges hearing the different types of cases tend to professional development.