The Sino-US Comparative Study Of Legal Relief Measures For Shareholder Oppression

Shareholder oppression is an inevitable phenomenon exists with the capital majority of rules, mainly assume that the controlling shareholders abuse the basic principle of traditional company law to infringe the lawful rights and interests of small shareholders directly or indirectly. In recent years, this kind of phenomenon is exacerbated because of the special nature of close corporation. The United States is the first country that regulates shareholder oppression in the world, there are rich and complete relief measures for reference in the statute law and case law. With the development of market economy and the rule of law policy continuously, under the gradually revised of the company law, our country also added some relief measures that oppressed shareholders can reference, but there are still a lot of problems. This paper carries on comparative analysis of the existing shareholder oppression legal relief measures of Sino-American, to examine the shortcomings of China’s relevant system design. Combined with China’s national conditions and learn from the United States legislative idea and system design, this paper is devoted to supple and improve the specific content of our shareholder oppression legal relief measures, furthermore, it can promote the protection of small shareholders and the healthy development of China’s company law.This paper is divided into six parts, the first part is an introduction; the second part is an overview of the theory of shareholder oppression; the third part is the legal relief measures of America shareholder oppression; the fourth part is the present situation and the legal relief measures of shareholder oppression in our country; the fifth part is the comparative analysis and reference of Sino-American shareholder oppression; the sixth part is the conclusion and prospect. The fifth part is the key content of this paper and the main innovation. This part is mainly based on the preceding shareholder oppression relief measures of two countries respectively. In order to comparatively analyze the resemblances and differences of two countries’shareholder oppression relief measures, explicit comparative method was used to help summarize the shortage of our country correlation legislative idea and system design, Under the guidance of these ideas and referenced the specific content and idea of legislation in USA, besides, combined with the present situation of our national law, this paper put forward the feasible advice and suggestions to improve the relief system of shareholders oppression in company law of our country.