Research On Protecting The Minority Shareholders' Rights Of Anti-takeover

With the completion of the stock right splitting reform and the perfection of legal regulation,China's securities market has been further developed.These changes have created conditions for the development of the takeovers of listed companies,but the battle over control of takeovers and anti-takeover has intensified.In anti-takeover activities,due to the conflicts between minority shareholders and major shareholders and management,combines with minority shareholders who access to relevant information acquired in the limited have fewer shares,the minority shareholders' interests are easier to be neglected in this anti-takeover process.In addition,due to the imperfect legislation of anti-takeover in China,it is difficult for minority shareholders to seek effective remedy way when their rights and interests are violated.This is not only harmful to the development of the regulation of China's securities market,but also harmful to the protection of the inerests of the relebant subjects in the market.Therefore,China's new market environment has put forward new requirements to protecting the rights and interests of shareholders,especially minority shareholders in the anti-takeover.In order to protect the rights and interests of minority shareholders in the anti-takeover activity,this paper uses empirical analysis and comparative analysis and selects two cases to research.Based on the previous research results,this paper studies the protection of minority shareholders' rights and interests in China's anti-takeover in combination with the development of securities market and relevant legislation in China.This article consists of four parts.The first part mainly clarifies the relevant concepts of the listed company's anti-takeover,and analyzes the reasons and conditions of the infringement of the rights and interests of minority shareholders in the anti-takeover through the analysis of the selected cases,thus proposing the necessity of protecting the rights and interests of minority shareholders in the anti-takeover.The second part mainly introduces our country current legislation of protecting the minority shareholders' rights of anti-takeover from three aspects.The third part mainly inspects Britain's and America's legislation experience of protecting the minority shareholders' rights of anti-takeover and try to combine fundamental realities of our country with foreign countries.The forth part mainly bases on our country's present legislation to give some advice for it from five aspects.