Voting Right Of The Structured Asset Management Plan

By studying on questions that appeared at seizing corporate control of Vanke,this thesis formulates the legal nature and the capacity as a subject of law of Structured Asset Management Plan,and discusses the questions about the voting rights that inside and outside of it,and tries to give some advice to legal institutions improvement.There are three part of this thesis,includes introduction,main body which has another four parts and conclusion.In the first part,we discuss the legal nature of Structured Asset Management Plan.This part mainly talks about the dispute between theory and financial regulated rules and why it emerged.Besides,it analyses the legal nature of trust of the Structured Asset Management Plan from both the obverse and the reverse.Based on the legal nature of trust,the second part of this thesis discuss whether the Structured Asset Management Plan has capacity as a subject of law.By studying the comparative law and laws of our country,we formulate the shareholder's qualifications and belonging of voting right of the Structured Asset Management Plan.In the third part,it mainly talks about how the Structured Asset Management Plan exercise its voting right.In this part,we discuss that how to get a balance between administrator,priority beneficiary and inferior post beneficiary.External influence of voting right exercise is what we talked in the forth part.In this part,we mainly discuss that the rule we running right now can not achieve the gold of protecting investors' right to know,it can not restrict the voting right either.In the last part of the main body,we give some advice to improve the rules about voting right of the Structured Asset Management Plan of our country.