Theory Of The System Of Cumulative Voting

Company system of our country is not long,the number is increasing. Big shareholders use its dominant position and damage the interest of minority shareholders of events frequently. therefore, company law, no matter in theory or in practice, gives a great attention on it. The relief of small and medium-sized shareholders’ vote rights also become an important subject of our country company law.In this context, cumulative voting system become a new electoral system appeared in the new company law in2006. in our country, as a young system cumulative voting system has its own defects. So there are a number of problems to solve in the implementation process.The first part, the basic theory of cumulative voting system.Introduce concepts first, and then compare the system of cumulative voting and the differences of direct voting system in the election. To prevent big shareholders abuse rights and realize the real equality and democratization, we must modify the traditional electoral system.Second, discusses the origin of the cumulative voting system and the development of countries in the world..The second part, the value of the cumulative voting system analysis.analyze the value of the system from four aspects.The protection of the rights,interests of minority shareholders, the capital majority principle and the principle of equality to the shareholders value.The third part discusses the problem of cumulative voting system in our country. Although the system of cumulative voting has many advantages, but also exists many problems in the implementation process. Such as the protection for small shareholders of regulations is not strong, the cumulative voting system applicable scope is too narrow, lack of cumulative voting is applicable procedural rules, lack of specific provisions about the medium and small shareholders rights solicitation.The fourth part,in view of the problems in the system in China, perfect the legislative system of cumulative voting. There are four aspects of measures to improve the system and make great contribution to China’s socialist economic construction. Expand the scope of application of the system of cumulative voting, set the prior procedures of cumulative vote system, perfect the supporting system.