Legal Relief Measures For Shareholder Oppression In A Limited Company

As one of the systems for minority shareholder protection,the system of shareholder oppression has been deeply and widely studied in the United States of America.In recent years,more and more researchers began to take shareholder oppression as the issue for academic study.However,there are still two fundamental problems to be resolved regarding shareholder oppression,one of which is what is the system of shareholder oppression,and how could it be connected with and rooted in the corporate law of China,and the other is why should we study the system of shareholder oppression,which is to study the necessity of our country to adopt the system of shareholder oppression from the functional perspective.This paper discussed and analyzed from the following four aspects to solve the above two questions.The first part took a typological study on the shareholder disputes of our country and defined the possible shareholder oppressions that might occur theoretically and practically,which is the basis for the study on the legal relief measures for shareholder oppression.The second part of this paper researched on shareholder oppression and its legal basis.After discussing the intention and extension of the concept of shareholder oppression,this paper put forward that the study of shareholder oppression should be defined to the oppression by shareholders,while those by directors or directors on the companies' behalf should be excluded.The third part came up with the limitations of current legal relief measures regarding shareholder oppression after the case study on the judicial systems for shareholder rights protection.The fourth part of the paper put up with the suggestions as to improve relevant relief measures in company law to resolve the problem of shareholder oppression based on the previous three parts.The definition of the intention and extension of shareholder oppression,the empirical research on shareholder disputes and the judicial relief systems are the focus as well as the innovations of this paper.