Legal Research On Restricting The Voting Rights Of Defect Shareholders

The behavior of defect capital contribution has caused great damage to the company's interests.Although the current law stipulates corresponding civil liability for the defect shareholders who have contributed capital,it does not effectively curb the emergence of the defect capital contribution,which still occurs frequently.The author believes that the existing system cannot effectively curb the defect capital contribution behavior because these laws have no significant impact on the fundamental rights of shareholders,and the cost of the defect capital contribution may be much lower than the temptation.This paper intends to use the following research methods:First,the case analysis method.Second,the method of legal interpretation.Third,literature analysis.In addition to the introduction and conclusion,the full text is divided into three chapters.The first chapter writes about the status quo and existing problems of relevant legislation and judicial practice,analyzes the existing legal provisions and the jurisprudence in practice,and summarizes the different view:points in the theoretical and practical circles regarding the voting rights restriction system of the defect shareholders.The second chapter discusses the necessity and legitimacy of the voting rights restriction system of the defect shareholders.The voting rights restriction system of the defect shareholders has its own system function,which can solve the problems that cannot be solved by the current legal system and has legislative requirements.In this part,the author refutes the view that the voting rights of shareholders should not be restricted in the case of defect capital contribution,and argues that the voting right restriction system is legally justified and reasonable.The third chapter writes the legislation and perfection of overseas legislation.The author compares and analyzes different legislative cases,and on the basis of reference to the experience of overseas legislation,it is proposed to add a voting right restriction system in the case of the occurrence of shareholder defect capitalization.