The Research On The System Of Shareholder Proposal Right

Shareholder proposal system is intended to protect the rights of shareholders, especially minority shareholders’ participating in the management of corporate internal governance, promote democratic development and corporation to assume more social responsibilities. The system of shareholders proposal rights originated from United States, then lots of countries followed and established it. By using comparative analysis approach and introducing the more formed legislation abroad, it analyzes the deficiency of legislation in our country, then presents some improving suggestion. This article consists of the following four parts:The first part mainly introduces the development of the shareholder proposal system and its basic theory. Separation of ownership and management,and corporate democracy are the two main drive force in creation of shareholder proposal system. In addition, the article also analyzes its value and fuction.The second part focuses on exercise elements of the right of the shareholder proposal. Through introducing of the legislation of United States, and Japan and China’s Taiwan region, compared to the deficiency of our country legislation,then put forward specific suggestions.The third part focuses on exclusion rules and procedures of the improper proposal. Extraterritorial legislation focuses on United States more mature proposals exclude mechanism, and this part also analyses United States currently two controversial exclusion rules and introduce the latest development on relevant legislation,which would provide reference for legislation in our country.The fourth part is mainly about the remedy of shareholder proposal right.Through the introduction of foreign-related systems, combined with our current shareholder proposal right in the relief mechanism of legislative and judicial situation, put forward suggestions in establishing relief mechanisms for shareholder proposals...