Theory Of Legal Protection Of Our Country’s Preferred Shareholders Rights

March 2014, China Securities Regulatory Commission issued the "Preferred Shares pilot management approach", it indicates that China began to allow issuance of preferred stock.Preferred is a category shares, and common shares, corresponding refers to the general shareholders’ right to enjoy priority in the allocation of surplus property in the allocation of the profit and companies, but the shares do not enjoy decision-making powers. Preference rights for its unique structure favored by each country’s securities market, the system not only for the financing preference shares subject to increase financing channels, the most important is to increase the investment of investors, to meet the different needs of different investors,investment. Protection of the rights of the shares of preferred stock, preferred shareholders’ rights, to balance the interests of various corporate investors, to protect the legitimate expectations of investors, the company’s financing and capital mobilization to create a good environment with positive theoretical significance.This paper consists of five parts, the first part is the introduction, the second part is the definition of preferred stock, introduces features, nature. The third part is the legal protection of the rights of preferred shareholders face analysis to the current "preferred shares pilot management approach" and the "Company Law" constitute the legal framework on the basis of, respectively, from the preferred stock dividends, exercise voting rights, shareholders exit route Preference shares issuance mechanism four main areas for analysis. The fourth part is to protect the rights of preferred shareholders of foreign law analysis and reference, through the introduction and analysis of legal issues related to the protection of preferred stock shares in foreign practice involved, pointing out that the issue of preferred stock equity protection faced in practice, and propose appropriate measures on the basis of the reference to foreign legislation.Suggestions to perfect the current preferred shareholders rights protection law system,mainly from the legislative ideas and perfect legislation, etc. The fifth part has three aspects,the first on the one hand, put forward the improvement of the legislative concept, mainly put forward the principle of fairness; The second aspect is proposed to perfect the preferredshareholders rights protection law, there are mainly refined preferred shareholders dividend distribution rules, broaden the scope of the right to vote, etc.; The third aspect is to improve the preferred shareholders the right to exercise, mainly include establishing preferred shareholders general assembly, and suggested that preferred shareholders can elect a certain number of directors, etc...