Study On The Protection Of The Rights And Interests Of Minority Shareholders In Limited Liability Company

The protection of the rights and interests of small shareholders has always been an important part in corporate governance.In practice the rights of small shareholders are often abused by the majorrity shareholders,and the existing legal system didn't effectively provide protection for small shareholders.Through the study and analysis of the protection of minority shareholders' rights and interests in western countries,and through comparison with our country,to reflect small shareholders encountered in real life all kinds of violations and demands,puts forward the deficiencies and improvement suggestions,so that the interests of small shareholders are better protected.At first,the protection of small shareholders rights related definition,including the definition,the connotation of the rights and interests of minority shareholders.Secondly,the nature of shareholder's right is discussed,and the analysis of the connotation of rights of small shareholders in the shareholders on the basis of the right.And then the theoretical basis of minority shareholders 'rights protection and the shortcomings of our country.On the protection of minority shareholders,the author thinks that there are two theoretical bases which can be applied to the protection of minority shareholders' rights and interests.The lack of protection of minority shareholders' rights in China is analyzed and discussed from four levels.After that the auther compares the protection of minority shareholders in foreign countries with our country,through the analysis of the relevant provisions of the state,to find out our country can learn from the experience of foreign countries,the main reference for the United States and Japan,as well as China's Taiwan region.The most important part is to improve the protection of the rights of minority shareholders.On the basis of the existing legislation,and puts forward the further suggestions on the protection of the rights of minority shareholders.To allow small shareholders entrusted with the professional knowledge of third people to check the inspection right,legal liability to allow small shareholders access to enterprise of the original accounting documents and regulations of the company and the direct responsibility personnel hinder small shareholders to exercise the right of access to the right of claim;distribution of surplus,to hinder the surplus distribution companies and individuals should bear the responsibility of making provisions;right of claim for recovery shares,make workers divestment law;the right to request the dissolution of the company,the company deadlock make more clear.As well as the rights of minority shareholders to participate in the company's management.