On The Infringement Of The Rights And Interests Of Small And Medium Shareholders And Its Regulation

Capital-centered is a remarkable feature of modern company system.The voting mode of the company is based on the principle of capital majority.The majority shareholders who obtain the voting rights through capital proportion are the basis of obtaining the control rights of the company.Thus,it can be seen that the principle of capital majority can play the greatest role only when the interests of large shareholders and small and medium shareholders are consistent,and the interests of shareholders and companies are consistent.Formally,the principle clarifies that shareholders enjoy and exercise shareholders' rights to varying degrees according to different shareholding ratios,but this is only formal equality.Some large shareholders use their own privileges to infringe on the rights and interests of small and medium shareholders,making the relationship between large shareholders and small shareholders more and more tense.That is to say,under the principle of capital majority,its form is equal,but its essence is unequal.The principle of capital majority emphasizes that the interests of shareholders with the majority of capital are the center of company management.This nature of capital majority principle will inevitably lead to the neglect of the interests of small and medium shareholders.Therefore,it will inevitably lead to conflicts between the interests of large shareholders and small and medium shareholders.Because the major shareholders occupy the dominant and controlling position in the company,when their interests conflict with the interests of the small and medium shareholders,in order to safeguard their own interests,the major shareholders will invade the interests of the small and medium shareholders.The solution of the problem of protecting the rights and interests of small and medium-sized shareholders will greatly stimulate the investment enthusiasm of small and medium-sized investors,thus promoting the continuous development and growth of the company.On the one hand,protecting the rights and interests of minority shareholders can mobilize investors' investment enthusiasm and increase the total amount of capital flowing to society.On the other hand,the company is an organic carrier of the common interests of shareholders.Only when the rights and interests of the minority shareholders as the weak are guaranteed,the overall interests of the company and the interests of the major shareholders can be realized finally.Under the background of the continuous development of economic globalization and the increasingly active international capital market,companies have made tremendous efforts to protect the rights and interests of small and medium-sized shareholders in order to adapt to this trend,which has become a key point in the design of corporate systems in various countries.In order to adapt to this trend,countries continue to improve laws and regulations and give legal protection to small and medium-sized shareholders.The revised Company Law gives some substantive rights and litigation rights to minority shareholders,further improves the protection system of minority shareholders' rights and interests,and opens a new chapter for the protection of minority shareholders' rights and interests.Firstly,this paper comprehensively discusses the rights and interests of small and medium-sized shareholders,defines the relevant concepts,and analyses the significance of protecting the rights and interests of small and medium-sized shareholders.Then in the form of a case,this paper focuses on describing the infringement of minority shareholders' rights and interests by major shareholders in China,and makes a thorough and detailed analysis of its causes.Then,by comparing the research on the protection of minority shareholders at home and abroad,through comparative analysis,we can clearly recognize the advantages of foreign countries and the shortcomings of the protection of minority shareholders' rights and interests in China.Finally,the author puts forward personal suggestions aiming at the shortcomings of the protection measures for minority shareholders' rights and interests in China.