Research On The Sysrem Of The Appraisal Right Of Dissenters

The right to request for repurchase of shareholders ’shares refers to the right of a shareholder who opposes certain major changes under specific circumstances and wh o has the right to object to the resolution of the shareholders’(general meeting)meetin g of the company.Shareholders who hold opposing opinions enjoy the requirement th at the company purchase its own shares at a fair and reasonable price.The shareholder s ’meeting in modern companies usually adopts the "capital majority decision" method to decide,and this kind of shareholders’ meeting’s resolution method seems to confor m to the current social and economic operation and development laws.However,in fa ct,it will also become a tool for shareholders to control the company and maliciously squeeze small and medium-sized share-holders and injury the rights of shareholders a nd benefits of minority share-holders.The introduction of the system of shareholder s hare buy-back claim provides effective protection for minority minority shareholders of the company,avoids the company whose shareholders ’investment expectations are completely inconsistent,and also improves the defect of the capital of a company mo del to some extent.The program was born in the US.The generation of the right to dis agree with the shareholder’s share repurchase request is inseparable from the reform o f the company’s resolution system.According to the characteristics of the human integ rity and closure of the limited company,the system is of great significance to the limit ed company and makes up for the closed nature of the limited company.And the defe cts of human compatibility,The closure and human compatibility are improved.Wher eas,but for many,this was not enough.The combination and closure of limited liabilit y companies has led to the restriction of the transfer of their shares and can not be trad ed on the stock company.Therefore,it is particularly important to study the system of shareholder share repurchase claim.This paper tries to prove the significance and the great value of the right of stock repurchase by analyzing the inadequacy of our legisla tion and studying the theoretical basis and construction of the right of stock repurchas e by reference to foreign advanced theory.The necessity and effectiveness of the reali zation of this right.Except for the introduction and conclusion of this article,which is divided into f our parts,the main part of this article is as follows:The first chapter,starting from its essence and intrinsic significance,makes a the oretical analysis of the system of shareholder share buyback claim in China’s limited l iability company,discusses the concept and characteristics,and expounds its significa nce in terms of the characteristics of the limited company and the protection of minori ty shareholders ’interests.The second chapter,the concept and significance of the system,analysis of other countries and different provisions of regional legislation,clear up the basic concepts,find out the unique value of the system.The third chapter is an in-depth and thorough discussion on the current status of t he system in China,and analyzes the problems existing in the system one by one.The fourth chapter is combined with the analysis of the first three parts,in view of the problems found in judicial practice,puts forward targeted and effective improv ement methods,in order to better improve the system of shareholder’s share repurchas e claim of dissenting shareholders in China,and puts forward some suggestions.The article focuses on the analysis of the system of shareholder equity buyback claims,and believes that this system is an opportunity to align with external fantabulo us lawmaking.As a matter of fact,It is also a disciplinary action against the controlling shareholders’ cross-border behavior in the company,so that the major shareholders h ave a clear concept of the protection of the interests of the small and medium-sized sh areholders,so that when making decisions,they fully consider that when small and m edium shareholders request share repurchase,they will give themselves and the comp any.The situation that caused economic losses.Although it plays an important role in protecting the legitimate interests of minority minority shareholders,the system still h as many shortcomings.The author puts forward some opinions on the deficiencies in t he system,but knows that his professional knowledge is not comprehensive enough,h is personal views are not mature enough,and he hopes that he can conduct in-depth re search through future study.