The Study Of Repurchase Rights For Dissent Shareholders

Based on the broad sense of the share repurchase claims dissenters, study the system locally and systematically. Although the set of the system provides chances for minority shareholders to quit the company in the special cases, there still exists many deficiencies, mainly for the company’s legal structure setting, repurchase applies to the case of rigid rough, not unified repurchase program, lack of methods to determine the repurchase price and imperfect related procedure. In this regard, put forward to accelerate the company legal forms in the reform, expand applicable situations of refinement repurchase, unify and improve the repurchase program, clear and perfect the relevant supporting measures, refine the repurchase price to determine the rules, and establish the guiding case.The main body of this paper is divided into three parts:The first part is the research on the basic theory of the system. The content mainly includes the comparison with the similar concept, the basis of the system and the development of the system, as well as the general situation of foreign legislation, in order to have a preliminary understanding of the system.The second part is the analysis of the current situation of the system in China. This part is the key point of the whole paper. First, introduce the share repurchase claims of shareholder dissent and point out problems. Then combined with the views of scholar and judicial practice, analyze these problems one by one. Among them, the analysis of the internal classification Inc., and related procedural is the highlight of this article.The third part is the recommendations for the system. This is the proposals for the questions raised in the second part. Since this system is considered as an integral part of the "Company Law", then this system should not be viewed in isolation. In addition to the perfection of the system itself, other systems, such as company capital reduction, profit distribution, are also needed.