A Study On The Elimination System Of Shareholder Voting Right

Shareholder's voting right is a voting shareholder who has a special interest in the resolution of the shareholders' meeting is not allowed to participate in the voting on the shares held by the shareholders if he has any act harmful to the interests of the company.The shareholder also is not allowed to exercise their voting rights by acting as agents of other shareholders or entrusting other agents.So it is also known as the voting right to avoid the system.China's provisions on the exclusion of shareholders voting system in 2005 revised the new "Company Law" was first confirmed,which means that the feasibility of the system of our initial recognition,but this recognition is only preliminary.There are some details likes the scope of application,the main applicable body and the judicial relief are not clearly defined.But the confirmation of the system is still has a milestone significance for the company's voting rights and even the development of the company.This paper is divided into six parts,in addition to the first part of the preamble and the sixth part of the conclusion,the middle of the four parts elaborate the shareholders voting system from different aspects:Part ?: Fundamental Research on Exclusion of Shareholders' Voting Rights.First of all,it analyzes the connotation,characteristics and significance of shareholder voting right and the concept of value of the system,and analyzes the theoretical basis of its existence.Secondly,it shows the institutional basis of the existence of the system,through the analysis and comparison with the relevant system.Finally,it expounds the value base of the system from the three aspects of legitimacy,rationality and timeliness.Part ?: The extraterritorial reference of the voting system of shareholders' voting right.Through the study of the system of excluding voting rights of shareholders in the Continental Legal system and the Anglo-American Legal system,we can find out the reference system which is worthy of our country's shareholders' voting right exclusion system.Part ?: The present situation and the defects of the exclusion system of shareholders' voting.This part mainly summarizes some laws,regulations and normative documents related to the voting system of voting right of shareholders in our country at present.On this basis,the author analyzes the problems existing in our country.Part ?: The proposal of perfecting the voting system of shareholders in our country.This paper puts forward some suggestions on how to perfect the system in our country from the aspects of legislation and judicial relief through the comparative analysis of the theory of the system and the foreign related system and the shortcomings of our country at present.