Discussion On The Protection Of Medium And Small Stockholder In Delisting

Listed company delisting triggered the rights and interests of minority shareholders against the issues have become increasingly prominent, including the delisting of listed company, delisting and delisting after a series of infringement of the rights and interests of small shareholders, in the face of the growing dispute in our country both in the supervision of pre defense layer or ex post compensation mechanism on there are many problems in urgent need of the legal system and improve. How to reduce delisting of listed companies to small and medium shareholders caused by the infringement of the rights and interests, and find appropriate ways to protect the rights after the infringement of rights and interests, ultimately protect the legitimate rights and interests of small shareholders are protected in this paper is mainly to solve the problem.Firstly theoretically describes the definition and classification of delisting of listed companies, and through the analysis reveals the delisting stringent standards "and" delisting difficult problems exist in our country present stage of delisting system of listed companies, and against the effects of rights and interests caused by the current delisting system of medium and small shareholders are analyzed and explained. Secondly, in view of our country listed company delisting of minority shareholders to protect the rights and interests of status were described and summarized, and deep analysis and reflection to the existing problems, in order to can be in the of our country listed company delisting of medium and small shareholders rights and interests protection suggestions to lay a solid foundation, enable the system to improve and build more persuasive. Finally, the protection for China's listing Corporation delisting small shareholders should be made to follow the principle of honesty and credit and the caveat emptor compensation principle is proposed, and the theory of the law of construction and design theory, and then combined with other countries including the United States, the advanced experience combined with China's national conditions and put forward suggestions for improvement, including to establish the system of protection of the rights and interests of small shareholders of listing Corporation delisting legislation system, timely amend outdated laws and regulations, can not adapt to the needs of the times, then for not current litigation mode of our country is Securities Infringement Cases and give full play to the abuse of judicial rights put forward the idea of building the system of collective action, according to the China Securities Supervision and the lack of the corresponding status of securities civil compensation system, to perfect our supervision mode and rich card The bold design and system construction of the Securities Investor Protection Fund in order to achieve the ultimate goal of protecting the interests of small shareholders.