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Network Legal System Research Of The Shareholders' Meeting

Posted on:2018-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuanFull Text:PDF
GTID:2336330539985756Subject:legal
Abstract/Summary:PDF Full Text Request
Along with the coming of the era of network,the network has become the shareholders' general meeting of the shareholders' general meeting complement form,to better protect the rights of the small and medium-sized shareholders of shareholder voting rights in particular.Compared with traditional scene the shareholders meeting,general meeting of shareholders network advantages obviously,mainly including effectively reduce the small and medium shareholders to participate in saving time and money of the shareholders' meeting,improve the company's management level,to protect the equal rights of shareholders and controlling shareholder,small and medium shareholders.In many developed countries and regions have attached great importance to the network study of the theory of the general meeting of shareholders and the legal system is perfect,but in terms of our country,and even if the general meeting of shareholders network in our country have actual operation for many years,but have been slow to rise to the category of legal protection,only the SFC issued administrative rules on the scattered,partial regulation.In fact,in today's information technology constantly improving,general meeting of shareholders network in our country has also had a practice in the actual operation of innovation,the rules of the China securities regulatory commission issued already can not adapt to the rapid development of the general meeting of shareholders network,imperfect legal system hinder the network development process of the shareholders' meeting and the protection of shareholder rights,affects the general meeting of shareholders network play its positive role.So our priority is to build a network of general meeting of shareholders in the company law,the legal system as the framework,adopt the method of combining different legal hierarchy,the network the main content of the general meeting of shareholders to conduct a comprehensive regulation.In this paper,using comparative analysis,literature analysis,on the basis of network theory of the shareholders' meeting,fully compared to draw lessons from the United States,Japan and Taiwan area in our country's legislation and practical experience,combining with the analysis theory of our country system of general meeting of shareholders network system present situation,problems and practice of innovation,fully elaborated our country to construct the network system of general meeting of shareholders in the company law level and the necessity of building measures.Is innovation point of this article is mainly on the network on the basis of analyzing the present situation and problems of the practice of the general meeting of shareholders law perfect Suggestions,compared with the study of the theory of the vague divorced from reality,this article from the practice focuses more on the defects of the legal system of general meeting of shareholders and revision;And compared with previous scholars suggest the single perfect the company law,the author puts forward to the company law as the legal system framework,method and specific implementation details such as the company's articles of association autonomy in the legal system of perfect method,with the combination of macro and micro Angle of network legal system of general meeting of shareholders for full and accurate.
Keywords/Search Tags:Voting Rights of Shareholders, Network shareholder's meeting, Network Voting System
PDF Full Text Request
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