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Research On Cumulative Voting System From The Perspective Of Protection Of Minority Shareholders' Voting Rights

Posted on:2022-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:X W WuFull Text:PDF
GTID:2506306506470654Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the problems related to the protection of small-medium shareholders are highlighted,and it is common to ignore the protection of the rights and interests of small-medium shareholders.The fundamental way to protect the rights and interests of small-medium shareholders is to ensure that their rights can be effectively exercised,and the realization of shareholders' rights requires the realization of voting rights.Shareholder voting rights are the core content of shareholder rights and a prerequisite for the realization of other shareholder rights.Without voting rights,other shareholder rights will be at a loss.Therefore,the protection of the rights and interests of small-medium shareholders lies in whether an effective system can be designed to protect the exercise of their voting rights.In the current company law system,the cumulative voting system provides a reasonable path for small-medium shareholders to realize their voting rights.The cumulative voting system,as an "imported product",has a relatively short development time in China.And the implementation of the system is not sound,so it has a broad application space.Therefore,it is of great significance to study the improvement of the cumulative voting system.Firstly,this paper makes a theoretical explanation of the cumulative voting system,analyzes the significance of the voting right for the protection of the interests ofsmall-medium shareholders from the theoretical basis and practical needs,and interprets the function of the system from the protection of the voting right of small-medium shareholders,so as to clarify the necessity of strengthening the improvement of the cumulative voting system in China;Secondly,through the analysis of the legislative and judicial status of the voting rights of small-medium shareholders,from the perspective of weak protection of the voting rights of small-medium shareholders and insufficient legislation,this paper makes an empirical study on the application of the system in China's legislation and companies,and sums up the practical confusion in the application process of the cumulative voting system by combining with the examples of the protection of the voting rights of small-medium shareholders by the cumulative voting system,It includes three aspects:unreasonable legal provisions,incomplete implementation rules and inadequate achievement protection;This paper selects typical countries from common law system and civil law system to study the provisions and application of cumulative voting system,and then compares,summarizes and summarizes the mature experience abroad,so as to provide new ideas for the improvement of cumulative voting system in China;Then it puts forward the ways to improve the cumulative voting system from the three stages before,during and after the implementation,so as to protect the voting rights of small-medium shareholders.
Keywords/Search Tags:Small-medium Shareholders, Protection of Voting Right, Cumulative Voting System
PDF Full Text Request
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