Studies On Some Issues Of The Right Of Preemption In Limited Liability Corporation

In the rapid economic development in today's society,the company law in our country is faced with system construction lag,brief and summarized its regulations and law applicable inflexible,operability in the judicial practice is not strong,and shareholder's preemptive right is one of the many problems of limited liability company's equity trading is the difficulty in the judicial practice,is also the hot spot.Equity transfer trading parties for their own rights and interests are not damaged,and as much as possible is trading simplification,but complicated relationship can only rely on practical operational system for standardization,the equity trading the interests of all parties to achieve the optimal.Limited liability company shareholders right of first refusal in practice a series of difficulties caused by problems taken seriously by the theoretical circle,but also made a lot of theoretical research,the purpose is to solve the problems in practice,so the number of articles about this.Plus in recent years,the company law judicial interpretation(four)",the fifth part of the paper is about relevant theory of priority right of shareholders,and this is the second version of the paper.But in practice exercise is preferential buy right of shareholders is facing many problems,also produced many disputes in the process of equity trading,many core problem without specific operational system to regulate.On this theory to the construction of a reasonable,perfect the relevant regulations of priority right of shareholders to build so that the rights and interests of parties to get the biggest security is imminent.This article,combined with the practice of shareholder's right of first refusal,from the nature of the preemptive right of shareholders,value construction,and based on the experience of the field inside and outside the country and the area,make up the defects,put forward the system of the maneuverability is strong,balanced trading rights,the parties to maintain good order.