Concerning The Improvement Of The System Of Co-Owner By Shares Preemptive Right

Although our country has set up a co-owner by shares preemption rights system,the content is too brief that there is much dispute in academia,there is much more difficulties and contradiction for the judiciary,and it is not useful to the implementation of the system.Through the understanding of the function value of co-owner by shares preemption rights system,this article discusses the legal nature of the rights,based on drawing lessons of the advanced legislation coming from foreign countries and our Taiwan and Macau area,combining with the situation of our country,analyzes and demonstrates the improvement of the system,and puts forward legislative suggestions.This article consists of five chapters,the detail lists below:Chapter One,introduction.This chapter introduces the research background,significance,ideas and methods of this thesis.Chapter Two,the concept,feature and function value of the co-owner by shares preemption rights system.This part consists of two sections;the first section describes the concept and the characteristics of co-owner by shares preemption rights system,and the second section talks about the function value of the co-owner by shares preemption rights.Chapter Three,the shortcomings appearing in the system of co-owner by shares preemption rights and its corresponding problems.This part consists of two sectors.The first sector talks about the shortcomings existing in co-owner by shares preemption rights system,which in detail is listed as follows: 1.There exists no exact definition to the nature of co-owner by shares preemption rights;2.The establishment of the right lacks of specific rules;3.The exercise of the right has its shortcomings and requires to be modified;4.The right exercise is short of corresponding rules;5.The remedy to the rights is too simple.The second sector analyses the problems originating from shortcomings in co-owner by shares preemption rights system.Chapter Four,researches and lessons drawing from foreign countries and our Taiwan area.This part has two sections;one is the legislative investigation of overseas and our Taiwan area,the other is legislative enlightenment learning from overseas and our Taiwan and Macau area.Chapter Five,the suggestions to perfect the co-owners by shares preemptive right system in China.Based on the actual condition of our country and the lessons learning from foreign countries and our Taiwan and Macau area,this part makes careful analysis and argumentation in co-owner by shares preemption rights and puts forward legislative suggestions forperfecting the system of co-owner by shares preemption right in our country.The details include the below 5 sections.1.Clearly define the nature of the co-owners by shares preemptive right 2.Specify the establishment of the conditions,time and exceptions of exercising the right;3.Perfect the rules in right exercitation.4.Set up the rules for the effectiveness of the right.5.Perfect the rules of judicial relief measures for the right.