Research On The Control Of The Holding Shareholder Abusing Of Legal Regulation

With the continuous development of the company number and scale, in order to improve efficiency," the majority of capital " as a decision-making mechanism of the East will be the company’s workers are widely used. However, due to the inherent flaw in this decision-making mechanism coupled with our existing problems of controlling shareholder rights and corporate legal regulation imperfect internal governance integrated stack, resulting in a problem controlling shareholder abuse control. The new Companies Act2005for the first time introduced the concept of controlling shareholders, the relevant laws also have control over the abuse of legal regulations, but these are still inadequate legal system, the problem of control of the controlling shareholder abuse abound still need to be resolved.Controlling shareholder abuse its control over the company’s governance, will result in damage to the interests of the company, minority shareholders, creditors and other parties subject. Which due to the minority shareholders that would damage the rights, but also on the allocation of loss of interest, loss of damage, especially its big, so behavioral regulation controlling shareholder, giving more rights to minority shareholders in order to balance the controlling shareholder of the same importance.Through legal analysis, comparative analysis, empirical analysis, multiple analysis methods, to improve the control of the controlling shareholders to discuss the issue, based on our existing law, comparative learn from the successful legislative abroad, from behavioral regulation controlling shareholders and minority shareholders to improve analyze both right and make your own perfect proposal. Divided into four chapters discuss.The first chapter combing theoretical foundation, clear concepts of law and control of the controlling shareholder of our country, paving the way for the later discussion.The second chapter of the common ways to control the abuse of rights enumerated criteria to define and point out to analyze the causes of the controlling shareholder abuse of control, pointing out the significance of regulatory control. The third chapter analyzes the existing regulations controlling shareholder abuse and lack of control over the legislation, from our existing legislation " Company Law" point of view on the issue of control of the controlling shareholder abuse there are many legal regulations, but still there can continue to improve the space.The fourth chapter by foreign legislation and learn from the successful combination of China’s actual conditions of China’s laws regarding regulation controlling shareholder made a perfect right suggestions to the destination better companies and minority shareholders.