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On Cumulative Voting System In China

Posted on:2018-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q XuFull Text:PDF
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The establishment and development of modern company system in China is relatively short,because of the single ownership structure and large proportion of state-owned shares,in practice it is often common for large shareholders use holding advantage to infringe minority shareholders' interest.Therefore,cumulative voting system for the purpose of safeguarding minority shareholders' interests has aroused the attention of legislators.As a beneficial complement to the majority rule of capital,in essence it represents several voting right,aims to elect candidates who represent minority shareholders entering the board of trustees,and to change the situation of large shareholders' manipulating the management of company.However,as a kind of exotic,the implementation in China just ten years.In addition,there is only conceptual provisions in law and the relevant conflict,according to the national reality of our country,studying advanced experience of extraterritorial countries and district,and cone up with specific measures for solving the problems in practice.This thesis is divided into three parts:The first part By introducing a case,the paper focuses on the problems of the cumulative voting system in legislation and practice,and analyzes the reasons of the dilemma in China from the traditional cultural influence,legal system and corporate ownership structure.The second part,Firstly,the operation mechanism of the cumulative voting system is discussed from the calculation method and comparison with direct voting system..Secondly,we choose typical system to protect minority shareholders' interest;Finally,analysis of the conflict between cumulative voting system and other minority shareholders' mechanism,we know the necessity of the cumulative voting system implementation,bury the foreshadowing for its improvement.The third part,according to the actual condition of China and the status development of enterprise,explore the localization construction of cumulative voting system from the preparatory stage,implementation stage and the protection stage.
Keywords/Search Tags:Cumulative voting system, Minority shareholders, Minority interest relief mechanism, The conflict of laws
PDF Full Text Request
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