Research On Protection Of The Rights And Interests Of Shareholders In The Corporation Reorganization

There are some scattered regulations about the legitimate rights and interests of the shareholders of the debtor in the new Enterprise Bankruptcy Law of the People’s Republic of China. But all of them are not systematical and they are just general principles. What is more, no atmosphere is set up to research how to protect the rights of the shareholders of the debtor in both domestic academic circle and practical community. Due to all aforesaid factors, many problems come about during the procedure of bankruptcy reorganization.This paper focuses on the protection of the rights and interests of the shareholders, elaborating and combing out relevant stipulations of domestic and overseas legislations by using the methods of value analysis and comparison analysis. On the basis of making clear about the specific rights of the shareholders, the writer also probes into how limit these rights, then ascertains the principle of limitation and protection. At the same time, in order to perfect our lawmaking system and strengthen the operation of the law, this paper analyses present situations of relevant regulations and practical applications, and puts forward some reasonable suggestions.In addition to the introduction, this paper consists of main text and conclusion.The introduction mainly takes a look on the backgrounds, train of thoughts and the purpose of the research.The main text can be divided into four parts.Firstly, the special position of the shareholders during the procedure of bankruptcy reorganization. The writer clarifies how to confirm the shareholders’ identity and explains the their unstable rights, then concludes that the shareholders are in a subordinate status to participate the bankruptcy reorganization. At last, this paper stresses the importance of the principle of protection and limitation.Secondly, the basic rights when the shareholders take part in the bankruptcy reorganization. According to the analysis of the characters of the rights from both internal and overseas theory and practice, the writer summarizes six types of the basic rights, specially elaborating the right to apply for supervision and the right to raise a litigation.Thirdly, the limitations of the rights of the shareholders during the procedure of bankruptcy reorganization. In accordance with the theory of limiting the rights of the shareholders, this part mainly talks about the concrete measures for promoting the performance of bankruptcy reorganization and maintaining the creditors’ interests.Fourthly, the writer dissects the problems in lawmaking and practice to safeguard the rights of the shareholders and brings up some solutions to perfect relevant regulations.The last part is the writer’s conclusion.