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Research On Legal Supervision Of Minor Shareholders

Posted on:2018-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:T G S T BuFull Text:PDF
GTID:2356330542478383Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Shareholders are one of the basic elements of a company,they enjoy Company's rights and obligations in the form of capital contribution.However,owing to the deficiency of the minors' age and intelligence and knowledge level they have not possessed the ability to fully realize the function of shareholders,and the minor shareholders have their own particularity in exercising collective rights and in bearing legal liabilities,and even bring some risk factors to company's operation and development.Usually,there are legal agents behind the minors,in the company's management it is easy to appear dual management,resulting in minor shareholders"nominal",the management of company disordered,the interests of other shareholders damaged.At the same time,the legal agent will take advantage of minors' shareholders for some unlawful interests to hold shares,which is very easy to infringe on the basic interests of minors.In recent years,with the continuous development of the market economy,the scale of the company expands,the minor shareholders gradually come into sight.From the perspective of jurisprudence,it has been a question need to be discussed and analyzed of the legitimacy and rationality of the minor shareholders and how to supervise the rights of the minor shareholders and the investors behind the minor shareholders.Therefore,the author makes the detailed research and discussion analysis in the article one to five after analyzing the above problems comprehensively.The first chapter brings out the problem of the supervision on minor shareholders,it mainly introduces the background of minor shareholders and the impact of minor shareholders on the capital market,so as to propose the legal supervision methods of minor shareholders,and pave the way for the following characters.The second chapter refers to the information disclosure system of minor shareholders,this chapter mainly analyzes the status and problems of minor shareholders in China from the perspective of the information disclosure system and researches and analyzes the information disclosure system overseas.The third chapter is the minor shareholder's compensation liability system,this chapter mainly discusses the compensation liability of the minor shareholders in our country,fully and concretely learns the compensation liability system of the foreign minor shareholders,so that we have a better reference to the future construction of the minor shareholders' compensation liability.The fourth chapter is the guardianship system of minor shareholders,it discusses the circumstances and problems of the minors shareholders' guardianship in modern company system from the perspective of minor shareholders' guardianship,get to know the guardianship system of the foreign minor shareholders,in order to provide a better reference for the guardianship system in our country.The fifth chapter proposes a complete legal regulation from three angles.They supervise the minor shareholders strictly and systematically through perfecting the information disclosure system,strictly investigating the behaviors of taking advantage of minors shareholders to evade the law,perfecting the legal liability system of abusing the guardianship,strengthening civil compensation liability for abusing shareholder's right,which is of great significance to protect the interests of minors,to promote the development of the company and to safeguard the normal economic order.
Keywords/Search Tags:minor shareholders, Information disclosure, The liability for compensation, Custody system
PDF Full Text Request
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