The Conflict Of Shareholders' Rights In The Equity Merger And The Construction Of The Solution Mechanism

When the company's share mergers and acquisitions has become a normal phenomenon,disputes over shareholder rights have also become increasingly important.As far as China's current "Company Law" is concerned,since the market at the time of the legislation is very different from that at present,it has not formed a good solution mechanism for such issues.Coupled with the company's lack of attention to the charter,the company often uses the model provided by the business administration department at the time of registration.When confronted with a dispute,it does not provide a feasible solution.The most common practice in practice is to place all dispute resolution on legal regulations,which is inconsistent with the principle of autonomy of private law.Based on this,the author uses case analysis as a starting point to elicit the issues to be discussed.Through the analysis of the rights and interests of the company's share mergers and acquisitions,the analysis of shareholders' rights and the conflict of rights between the internal governance structure of the company and the external governance structure,the conflict mechanism of shareholder rights linked by the "Company Law" and the Articles of Association is explored.The first part deals with the concept,characteristics and the concept,content,and nature of the rights and interests of the company's equity acquisitions.Through the discussion of this section,the author presents the core rights elements of the company's equity mergers and acquisitions,and analyzes each element in the case and the case,and profoundly explains the impact factors of various factors in the company's equity mergers and acquisitions,and lays a foundation for subsequent rights conflict analysis basis.second part is about the analysis of shareholders' rights and conflicts of interests in the company's equity acquisition.Through the analysis of the conflict of shareholders' rights under the internal governance structure and external governance structure of the company,the shareholders' rights exercise mechanism,the damage risk,the shareholders' and the third party's decision-making strategies in the equity merger and acquisition are revealed.Through the analysis of the conflict of shareholders' rights in the company's internal governance structure,the shareholders' decision-making strategies and their coping strategies are viewed from an individual perspective.Through the analysis of the conflict of shareholders' rights in the company's external governance structure,the importance of the conflict resolution mechanism of shareholders in corporate governance is explored.From the overall perspective,the conflict of shareholders' rights is considered and the necessity is resolved.Finally,it systematically demonstrates the conflicts,values and defects of shareholder rights in equity mergers and acquisitions from a multi-faceted perspective,and lays the foundation for finally proposing targeted solutions.The third part is about the construction of conflict resolution mechanism for shareholder rights in the process of company equity mergers and acquisitions.Mainly in the "Company Law" and the company's articles of association to be explored in two aspects,and to improve the company's charter.Through the improvement and replacement of the specific equity merger and acquisition rules in the articles of association,the settlement mechanism will be internalized into the equity trading mechanism,and the timely and effective protection of the shareholders' rights in the Articles will be effectively realized.In addition,it explores linking the legislative settlement mechanism with the social settlement mechanism to minimize the pressure on the judiciary,foster the awareness of the rights of shareholders,and encourage them to learn more about using their own rights for pre-prevention,supervision during events,and relief afterwards.The protection of shareholder rights is set in every aspect of the company's equity mergers and acquisitions.