Research On The Protection Of Minority Shareholders Rights And Interests In Limited Liability Company

The business environment is an important soft strength and core competitiveness of a country.To optimize the business environment is to emancipate the productive forces,improve the competitiveness,add vitality to the main market and facilitate the people.In order to meet the World Bank's assessment of China's business environment,comply with the Belt and Road,attract world investment,the protection of minority shareholders' rights and interests is a defect that needs to be remedied urgently."The rule of law is the Best Business Environment," Xi said."A good business environment requires judicial protection.".Protecting the rights and interests of investors is one of the important legislative purposes of China's company law.There are about 3,800 listed companies in China,490,000 joint-stock limited companies and 31.22 million limited liability companies.In terms of the order of magnitude,limited liability companies are the main force in the company,from the aspect of corporate governance,limited liability company information is not open,chaos,urgent to upgrade and improve.From the point of view of the conditions for the establishment of a limited company,it is necessary to have five elements such as shareholders,capital,name,domicile and articles of association.However,from the perspective of the establishment,operation,change of form and termination of the company,the essence of the company is studied,it's about shareholders and capital.The company law closely links the right of the shareholders to decide the affairs of the company with the proportion of the subscribed capital,which gives rise to the principle of "capital majority decision",although the company law stipulates that the company has the right to make its own resolution rules through its articles of association,however,most of the limited companies still adhere to the "capital majority decision" principle,which is a good embodiment of equity equality principle,for the incentive capital injection is of great significance.However,we can not turn a blind eye to the malpractices brought about by the principle of "capital majority decision",such as the use of controlling position by major shareholders to damage the rights and interests of minority shareholders,and the non-existence of voting rights of minority shareholders,which will lead to the imbalance of the rights of corporate governance,frustration of small and medium-sized shareholders investment enthusiasm and other issues appear.Therefore,through the definition of minority shareholders,the analysis of the rights of shareholders,the existing problems in judicial practice,the protection of minority shareholders by domestic and foreign legislation and the improvement of legislation,this paper combines the status quo of the infringement of minority shareholders' rights and interests in judicial practice,this paper analyzes and demonstrates the deficiency of the protection system of the minority shareholders' rights and interests,and puts forward some suggestions on the perfection of the protection system of the minority shareholders' rights and interests,in order to improve the legal level of the protection of the minority shareholders' rights and interests in limited companies.