On The Use Of The Company's Articles Of Association To Autonomously Protect The Rights Of Small And Medium Shareholders

At present,in practice,due to the company's shares held by the shareholders more,important influence on the formation of the company's decision,unable to compete with large shareholders,the resulting examples of small and medium shareholders' interests are violated.Although,in the new "company law" the regulation the cumulative voting rights,shareholder litigation right and other provisions,increasing the protection of the rights of the minority shareholders,but the protection is limited,still can't avoid this phenomenon.As a regulation of the company's behavior,autonomy is the most important characteristic of the constitution.Therefore,the author believes that,within the scope of the company law,it is an effective way to effectively protect the interests of minority shareholders.This paper is divided into four chapters.The first chapter is the company's articles of association autonomy,and through the company's articles of association of the concept,nature,this paper discusses the connotation of the company's articles of association autonomy.Chapter two is an overview of the rights protection of minority shareholders,and discusses the legal status of minority shareholders and minority shareholders in the company's articles of association.Moreover,by comparing the legislative status of the protection of small and medium-sized shareholders by the company law of China and Japan,this paper provides reference and reference for China's discussion on this issue.The third chapter is the autonomy of minority shareholders' rights and articles of association,which mainly analyzes the main reasons why minority shareholders' rights are infringed in practice.The fourth chapter is to use the company's articles of association autonomy to protect the rights of minority shareholders of specific measures,this chapter is mainly based on the analysis of the former three chapters,advantage of the characteristics of the company's articles of association autonomy,puts forward a series of concrete measures to protect the interests of minority shareholders.The author hope that through study on this question,to be able to deal with the problem of small and medium-sized shareholders in real life,providing reference for balancing the interests of the company,and between controlling shareholders and minority shareholders provide a feasible approach and the efficient operation of work for the company,ultimately promote the rapid development of economy in our country.