A Study Of Shareholder Voting Rights

Shareholder voting right is the right of shareholders to vote at the general meeting of shareholders.The exercise of this right directly affects the major decisions of the company and is closely related to the survival and development of the company.Therefore,only when shareholders exercise their voting rights in a reasonable and correct way can they effectively ensure the stability of the company's shareholder status and the normal operation of the company,so as to adapt to the ever-changing economic environment in China.This paper aims to the analysis of the shareholders'voting rights system in China and the United States law,from the two countries voting system of exercise principle,exercise way,special system and regulations are studied,which based on the experience of the United States,combined with the concrete practice in our country,explore the path of the improvement of the system of shareholders' voting rights,to perfect our country law about the provisions of the voting system of shareholders of listed companies.This paper is divided into six chapters.The first chapter is the introduction,which briefly explains the research significance and purpose of this paper,summarizes the research status of shareholder voting right at home and abroad,and states the research method and scope of this paper.The second chapter is the theoretical basis of shareholder voting right.It mainly introduces the concept and nature of shareholder voting right and leads to the research on the relevant content of shareholder voting mechanism.This paper discusses the purpose of the system designed by the legislator from the theoretical level,discusses the civil rights attribute,inherent and common benefits of shareholder voting rights,and discusses the institutional value of voting rights in guaranteeing shareholder's control over the company and promoting the development of the company.So as to explore the issue of shareholder voting rights after the theoretical foundation.The third chapter of shareholder voting rights legislation present situation in our country,and its operation,mainly from the exercise principle,exercise way,special system three aspects introduced the status quo of application of shareholder voting rights in our country and points out that our country shareholder vote in exercising way system blank,voting rights,it is necessary to reform the relief mechanism at the same time,our country is still a lack of restrictions on voting rights abuse mechanism.The fourth chapter is the analysis of the American shareholder voting system' and its enlightenment to the Chinese voting system.Taking the standard corporate law of the United States and the general corporate law of Delaware as examples,it introduces the general legislative situation of the American shareholder voting system.The American voting system is more flexible in implementing the principle of exercising the right to vote.In terms of the ways to exercise the voting right,there are various ways such as proxy voting and written voting in the United States.The American voting system is more clearly divided into special systems,such as voting trust system,non-voting shares system and proxy solicitation system.In terms of limiting voting rights,the United States has relatively detailed regulations on free shares,cross-shareholdings and controlling shareholders.Based on this,this paper,on the basis of absorbing the advanced spirit of American corporate law,summarizes the enlightenment of American voting system to our legislation.The fifth chapter is the suggestions on the improvement ofChina's voting right system,such as perfecting the indirect exercise of shareholder voting right,strictly restricting the collection of topics,establishing diversified prevention and relief mechanism,and limiting the number or proportion of controlling shareholder's voting right exercise.So as to provide new ideas for the reform of shareholder voting rights system in China.Chapter six is the conclusion,which summarizes the value of shareholder voting rights and states the important reference significance of American company law to China.