The Study On The Right To Vote Exclusion System

Vote to exclude system refers to the original have voting rights of shareholders,directors(supervisors),because of the pending matters has particular concern with excluded from voting rights,and the voting rights of the shareholders,directors(supervisors)should not be included in the to attend the shareholders meeting,board of directors(supervisors)of the voting shares of the total system,challenge system therefore is also called the voting rights.This paper is divided into six parts.Apart from the introduction of the first part and the conclusion of the sixth part,the middle four parts expound the system of voting right exclusion from different aspects:The first part mainly elaborates the theories related to the voting rights exclusion system and some current research conclusions,mainly including the connotation definition of voting rights exclusion system,legal basis and value orientation of voting rights exclusion system,and systematically analyzes and expounds the connotation,characteristics and value of this system.The second part mainly discusses the functions of the voting right exclusion system in protecting the interests of small and medium-sized shareholders,protecting the interests of the company,preventing the abuse of the majority decision of capital,and specifying the specific obligations of shareholders’ integrity,etc.Meanwhile,it clarifies its defects,which are not only contradictory to "one share one vote",but also needs to be demonstrated.These defects are not conducive to the practical application and continuous improvement of the system.The third part is mainly to exclude voting system in different countries in the development history and comparative study with practice,mainly divided into two kinds of continental law system and Anglo-American law system,finally to explore the value of the system and the suitable conditions,summarizes the main trend in the future legislation and build a reflection about voting rule out system in China.The fourth part focuses on the review,reflection and reconstruction of China’s voting rights exclusion system.Firstly,this paper summarizes the status quo of the voting rights exclusion system in China,and then analyzes the existing problems of the system in China.Secondly,on the basis of clarifying the problems,this paper puts forward Suggestions on the improvement of the voting right exclusion system in China,and puts forward Suggestions on the perfection of the system in our practice from the aspects of legislation and judicial relief.