Analysis On The Legal Value Of The Protection Of Minority Shareholders

In regulating company management,how to properly protect minority shareholders has always been a big problem.In practice,most of the minority-sized shareholders have long been suppressed by the majority shareholder who owns the company's dominance and control,which violates the basic legal value.To this end,various countries have introduced relevant laws and regulations to protect the rights of minority shareholders.There are hundreds of academic debates on how to protect the rights of minority shareholders,but there is little research on whether the protection of minority shareholders is in line with the legal value of the company.By discussing the legal value of minority shareholders' protection and properly coordinating the relationship between large and small shareholders,this paper is conducive to pointing out the direction of value in the company's law and promoting the company's health,stability and development,which has practical significance.In addition to the introduction and conclusion,this paper is divided into three chapters.Chapter 1 the question is raised.Thinking from two popular cases that have occurred in recent years.Minority shareholders are often infringed by major shareholders,but the significance of exploring the legal value of protection is greater than the research and protection system itself.Therefore,the question of whether the protection of minority-sized shareholders is in line with the value pursuit of company law is raised.Chapter 2combined with the process of China's minority shareholders protection legislation,analyzes China's current legislation mainly on company law related to the protection of minority shareholders in company law.Its role has been affirmed,and at the same time,the inadequacies of legislation have been briefly described,and improvements have been proposed.Chapter 3 starts with the dedinition of legal value and discusses the construction of legal value in company law.On the basis of analyzing the three legal values in the company law:efficiency,order,and fairness,the conclusion is made that the protection of minority shareholders' rights and interests is in line with the legal value of the company law.The author believes that simply deducing the legal value from the abstract level lacks the combination of theory and practice;and sometimes it is counterproductive if only studying the protection of specific systems without analyzing the legal value orientation,which makes the system deviate from the legal value.Therefore,the previous research methods from theory to theory have been abandoned.This paper starts from the specific system of minority shareholder protection and argues the argument by exploring the legal value behind it.In this paper,I strive to combine the theory and practice,and use the method of empirical analysis,trying to find the direction of minority shareholders' protection legislation.Because of the limited ability of the author,in practice,there are few materials that can be used for reference in this kind of research,so this paper is not in-depth enough,only aims to start a discussion.