Research Of Interrelated Guarantee Of The Eradication Of Shareholder’s Voting Rights

After many times of revision of the Chinese company law, there are manydebates about the systems of eradication of related shareholders’ voting rightsand interrelated guarantee,still. And the practice of this system does not matchits legislative goal of the small and medium-sized shareholders’ interestsprotection. To optimize the system of eradication of related shareholders’ votingrights, this essay is guided by the interrelated guarantee, based on the newmarket economic environment and also analysed the merits and demerits of theeradication of related shareholders’ voting rights and the system its served.Except for the overview of shareholder’s voting rights and interrelatedguarantee,this essay contains five parts:Part one, the legislative background of shareholder’s voting rights andinterrelated guarantee.To have a reasonable preparation of the research betweeninterrelated guarantee and the eradication of related shareholders’ voting rights,this part mainly foucus on the historical background of interrelated guarantee.Part two，introducing some foreign legislative experience of eradication ofrelated shareholders’ voting rights and interrelated guarantee. To find out thefeasibility of placing the eradication of related shareholders’ voting rights intointerrelated guarantee in Chinese company law and balance the interests of allparties, some regulations and legislative experience was listed out,and also beanalysed，on this part.Part three, evaluating the eradication of related shareholders’ voting rights.On the one hand,this part makes some evaluations about the merits oferadication of related shareholders’ voting rights, like realizing the essential fair,protecting the small and medium-sized shareholders’ and company’s interests,maintianing the capital enrichment and so on. On the other hand,to get somesuggestions for the improvement of its served systems, this part also reveal somedemerits of eradication of related shareholders’ voting rights.Part four,the defects of The Research of Interrelated Guarantee of theEradication of Shareholder’s Voting rights. In order to unveil the demerits of Interrelated Guarantee of the Eradication of Shareholder’s Voting rights,this partmainly concentrates on the shareholders’ duty of good faith，the increase ofcompany’s agency cost and business financing.Part five,optimizing the eradication of related shareholders’ voting rights andthe interrelated guarantee. This part is about the optimization of the eradicationof related shareholders’ voting rights and the interrelated guarantee on bothlaw,mainly, and some other demensions.And because of the complexity ofinterrelated guarantee,instead of using the system of the eradication of relatedshareholders’ voting rights only,the optimization of interrelated guarantee needreasonably put several policies together.