The Exploration Of Limited Liability Company Pre-emption Rights In Our Country

Shareholder pre-emption regime, as one of the pre-emption in civil law, is specific application company law field. The shareholder pre-emption of limited liability company, has relevant regulation in the countries legislation of the world. The main provisions in the shareholder pre-emption in our country, reflect in the shareholder pre-emption regime, and refer to the article35of company law, first revised in on December25,1999and article72of new company law revised on October27,2005. As a whole, there is much inadequacy of tie relevant regulation for the deficient of legislative techniques. Therefore, It brings about difficult and dispute, and then it goes against the realization of equity and efficiency.The full text, based on the system to investigate about advanced legislation model of the shareholder pre-emption in the countries of the world, analyzes in detail about the practical issue expection use for beneficial reference for our country legal improvement, combining our actual condition. Meanwhile, It analyzes the special issue in the shareholder pre-emption, widely in combination with Basic principle of Civil and Business law, as well as presents personal improvement proposal. Finally, Author discusses the cause of the huge array of problems about the the shareholder pre-emption, based on actuality and legislation-loss in the executing process of the shareholder pre-emption, in the meantime, proposes personal solutions and legislative ideas.In conclusion, The shareholder pre-emption regime of limited liability company is located in the balance maintaining with capital and shareholders. It should to strengthen perfection of legislation system in our country. In its true sense resolve the dispute practical and to assure the sound development of market economy.