Study On The Legal Protection Of Shareholder Rights In Mixed Ownership Enterprises

With the rapid development of China’s market economy and opening deepening, China’s mixed ownership enterprises rapid growth not only in quantity, but the scale is constantly expanding. Especially further deepening the reform of state-owned enterprises, state-owned capital gradually withdraw from competitive industries and industries, promote the rapid development of all mixed business. Mixed ownership economy has become the state-owned capital and non-public capital in different nature of property rights mutual integration and common development of the driving force. But for a long time the law to protect the country and the state-owned stock equity of non legal protection differences exist in fact, there are mixed ownership enterprises in the state-owned shares have not to equal protection on the one hand, on the other hand there are also state-owned equity protection mechanism rigid, subject vacancy, which requires the establishment and perfection of the rights of shareholders Legal protection system to solve these problems. The perfect legal system to protect the rights of shareholders can not only to promote the effective implementation of the ownership economy mixed, but also helpful to accelerate the process of reform of state-owned enterprises. In this paper, the mixed ownership of shareholders rights legal protection for the shallow exploration.This paper is divided into three chapters, the first mixed ownership enterprises to protect shareholders’ rights present situation, analyzes the main features and basic issues of ownership protection of the rights of shareholders are mixed, and at this stage of China’s development the necessity and urgency of mixed ownership enterprises, on this basis, put forward our country actively the development of mixed ownership enterprises outstanding problems in the process, including the existence of state-owned equity protection problems, such as state-owned enterprises to participate in mixed ownership stake in the scope is not clear, the state-owned equity exercise subject exists fuzzy situation and realistic Chinese equity protection defects, and in-depth analysis of the existence of non state-owned shares the protection of mixed ownership enterprises in many drawbacks, these problems are mainly the company law on the shareholder rights provisions is not perfect, the capital majority rule Equity to exercise substantial inequality, in addition to the shareholders’ voting rights set also has limitations. Finally on the analysis of the mixing of all enterprises of shareholder rights protection status and problems based on the proposed mixed principle of all enterprises of shareholders’ rights to equal protection and the limited liability of shareholders, and protection of the rights of shareholders of suggestions, in the hope of China’s mixed ownership enterprises development benefit.