Legal Regulation Of Controlling Shareholders’ Abuse Of Corporate Control Rights

In recent years,the company controlling shareholder abuse of control rights has become increasingly prominent,the current judicial practice applicable to legal principles are not universal,give relief to determine the existence of somesentence,judicial discretion is too large,in order to safeguard the interests of the authority and the overall social law,perfection on the legal control of shareholders abuse of legal gaps,it is particularly important.This article will put forward their own views and legislative proposals,and provide theoretical reference for perfecting the legal regulation of the abuse of corporate control rights by the controlling shareholders of the company.The whole article is divided into five chapters,step by step in-depth analysis of the abuse of corporate control rights of controlling shareholders,and put forward reasonable regulatory methods.The whole article is divided into five chapters,step by step in-depth analysis of the abuse of corporate control rights of controlling shareholders,and put forward reasonable regulatory methods.The first chapter defines the abuse of corporate control rights by controlling shareholders,defines the concept and standard of controlling shareholders,and compares the controlling shareholders with the major shareholders and actual controllers,and further explains why the controlling shareholders abuse the corporate control rights.Secondly,the main types of China’s abuse of corporate control rights do summary,including large shareholders(unfair related transactions,improper dilution),delay or refusal of dividend dividend,conceal assets status and the necessary information and data to exclude other shareholders’ rights,dismissal of any or no reason to shareholders as a senior security breaches and other duties.The second chapter gives a brief description of the legal basis of the legal regulation of the abuse of corporate control by the controlling shareholder.First,this paper mainly expounds the institutional roots of abuse of control rights in China,and analyzes the conflicts between the majority principle,the centralized ownership structure and the interests of shareholders.Second,from the maintenance of equity equality,corporate order,limited liability and economic order and other aspects of the harmonious development of regulatory shareholders abuse of corporate control rights necessary analysis.The third chapter mainly explains the current legislation situation and the existing problems of controlling shareholder abuse of corporate control in china.In terms of legislation,we first discuss the general legal provisions of our country,and then summarize the remedies for the protection of the rights of minority shareholders in China,and finally clarify the new provisions of the new judicial interpretation(four)of the company law.At the end of the chapter,the author sums up the existing problems in the existing laws.In the fourth chapter,followed by a detailed analysis of the United States and Britain and other countries in the regulation of controlling shareholders abuse of corporate control legislation and reasonable practice,the unfair prejudice system in Britain,the principle of disclosure of fiduciary duty and the information in the United States,and with the foreign regulations on the abuse of the corporate control,which compared with the status quo of China’s legislation to further clarify the above.The inspiration for the regulation of controlling shareholders of China’s legislation on the abuse of corporate control.The fifth chapter is the article to express the objective,clear focus on perfecting the controlling shareholder abuse of corporate control path of legal regulation,pointing out that the relevant legal amendments,the author puts forward the controlling shareholder abuse and relief of the views and suggestions from two aspects of internal and external.