Study On The System Of Voting Trust

Voting trust system was first established by the United States, and it is an innovativeway of the shareholders’ taking the controlling rights under modern economy. This systemcombines the right to vote and trust, which seemingly have no relationship and improvesthe company’s operating and management to promote the further development of thecompany. Voting trust system experiences a generation, negation, reaffirmation in theUnited States and provides reference for other countries. Up to now, our theory of votingtrust system remains controversial, and the relevant laws and regulations just scatter amongthe other branches of laws and regulations. A comprehensive legal system regulating thepractice hasn’t formed and to establish legislative systems about voting trust has nowbecome our urgent topic.In view of this situation, combining with the law theory and judicial practice, thispaper proposes to establish the legal countermeasures of China’s voting trust system by themethods of deduction, comparative analysis, literature research, empirical analysis and soon. Starting from the legal meanings and features, this paper first makes a probing analysisof the history of the voting trust system, its relationship with other similar systems and thelegal relationship by the method of deduction. Secondly, by the methods of comparativeanalysis and literature research, this paper studies the legislative practice about voting trustregime in the United States, Germany, Japan and France, comments the legislative practiceabout foreign voting trust system and summarizes the valuable contents of China’sestablishing voting trust system. Thirdly, by the methods of empirical analysis, this paperanalyzes the instances of Qingdao Brewery Company voting trust, summarizes the problemof this system in practice and the deficiency of this system itself and proposes theimportance of the practice of voting trust in our country from the institutional feasibilityand necessity. Finally, on the basis of legal theory, this paper put forward the specific legalcountermeasures of China’s voting trust system. Specifically, it discusses about creatingdevelopment environment for trust industry, expanding the scope of the trust objects of theTrust Law, supplementing the specific legislation of voting trust of Act System and improving the relative legal systems and provides some ideas about voting trust in areas ofcommercial law systems in our country.