The Research On Network Voting System For Listed Companies’ Shareholder’s Meeting

The popularity of Internet technology, gave birth to the shareholders of the Internetvoting system. Technical Committee of the International Organization of SecuritiesCommissions specially set up a special team, which is responsible to conduct a study on theproblems and challenges of the network development of securities trading and management.Special team of the network in1998, a network securities transaction reports to shareholdersthrough the Internet voting recommendations. The United States, Japan and other countries topass legislation to establish the shareholders of the Internet voting system, voting system isrelatively mature. Shareholders of listed companies in our Network Voting System or a newthing, company law is not on the Internet voting system of the General Assembly of theshareholders of listed companies carry out the provisions of no effect in the higher law toregulate shareholder of the Internet voting system. The SFC Before promulgated tworegulations on the shareholders of listed companies Network Voting System, but annulled theCommission in2006and2010. Only industry regulations released by the Shenzhen StockExchange and Shanghai Stock Exchange can follow. In academia, shareholders of listedcompanies Network Voting System has not yet formed a specialized field of study, relatedwritings also rare. The existing literature is mainly based on the lapsed SFC regulations,institutional research, practice guidance powerless. In practice, the increasing number of listedcompanies began implementation of the general meeting of the Internet voting system, thewidespread use of the system has become a trend. However, the lack of a sound legal systemand related mechanisms, Internet voting system in practice there are still many problems. Atpresent, the general meeting of shareholders of listed companies in China to make Internetvoting system to play its great efficiency value, the most important thing is to fill theinstitutional vacuum perfect online voting legal system.Network Voting System of shareholders of listed companies reduce the cost time andmoney costs of shareholders to participate in general meetings, and is conducive to thedemocratization of corporate governance, is conducive to enhancing shareholder participationin corporate governance initiative to promote long-term development of the company. It isnecessary through the Internet voting system of the General Assembly of shareholders oflisted companies, to vote on the network specification of the various stages of finishing, tostrengthen supervision of Internet voting, and to explore the problem of Internet voting in the electronic evidence, in order to achieve the legitimate rights and interests of the protection ofshareholders and the company purposes.This paper consists of four parts.The first part of the article is the basic theory of theshareholders of the listing Corporation the network voting system described, including basicconcepts, characteristics, legal system, forms and with the traditional voting similarities anddifferences. The second part is to study the problem of information in China’s listingCorporation shareholders network voting process transfer error, including the networktransmission of wrongly expressed meaning, the general rules of network informationtransmission error risk, imputation principle error of electronic documents tort liability andnetwork transmission network service provider when. The third part is the research on theproblems of electronic evidence in our country the network voting system for shareholders ofthe listing Corporation in the definition of electronic evidence, including the, effectivenessand legal effect of electronic signature and reliable data message confirmation. The fourth partis the analysis of China’s listing Corporation shareholders vote on the legislation andperfection of the current situation of the network, including the legislative status quo ofChina’s listing Corporation shareholders network voting for analysis, analysis of China listingCorporation shareholders network voting system applicable scope, network votingshareholders exercise, network monitoring intensification and Application of mobile terminalequipment etc. typical problems.