Research On Modern Corporate Governance Structure And The Protection Of The Rights And Interests Of Small And Medium Shareholders

The company is produces along with the market economy development,our country economy and the society by a stable fast development,the company is playing the very vital role in it.The healthy development of the company is not only related to the interests of the majority of investors,but also affects the steady growth of the national economy.At present,the corporate governance structure of our country has many defects.The main problem is that the rights and interests of minority shareholders are infringed.Small and medium-sized shareholders are those who have less investment,limited voting rights and can not control the company.The number of these shareholders are widely distributed,the connections are very limited,and compared with the major shareholders at a disadvantage,it is difficult to compete with the major shareholders.But Small and medium-sized shareholders are the main power to get financial support and the indispensable part of the development of the company,so it is urgent to protect the interests of small and medium-sized shareholders.In the revision of the company law of our country,the protection of minority shareholders has been strengthened,but there are still many problems.This article is mainly divided into four parts.The first part,taking the dispute of Vanke as an example,points out that there are many problems in the current corporate governance structure of our country.The second part discusses the theory and the main model of the development of the traditional corporate governance structure,and the most important problem under the traditional corporate governance structure is the infringement of the rights and interests of small and medium-sized shareholders One is the traditional corporate governance structure is not reasonable,the other is inadequate securities regulation.The third part is to build and improve China’s corporate governance structure,this part is the focus of this article.First,the structure of the company’s property rights is analyzed.The ownership of the company’s property belongs to the shareholders,and the right to operate the company’s property belongs to the company’s Legal Person In this paper,the author tries to solve the problem of the unclear property right of the company by using the theory of possession right of Professor Meng qin-guo in the dualistic structure of property right.Secondly,the use of property ownership and property separation theory analysis of the causes of Corporate Governance.Thirdly,taking the Alibaba partnership system as an example,this paper analyzes why China can not introduce the two-tier equity structure which has developed rapidly in the United States.Finally,compared with the typical foreign country’s corporate governance structure,combined with the reality of China’s development,put forward the guiding theory of restructuring China’s corporate governance structure,and constructed the basic framework of modern corporate governance structure.The fourth part puts forward the concrete measures to protect the rights and interests of minority shareholders under the modern corporate governance structure,including lowering the threshold of exercising rights,simplifying the procedure of safeguarding rights and strengthening the supervision of securities.In order to establish a combination of internal and external,complement each other,the separation of powers and checks and balances of the corporate governance structure to reduce the extent of infringement of minority shareholders.