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Legal Research on China’s Institutional Investors Participating in Corporate Governance

Author: WuMan
Tutor: WangTianXi
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: institutional investors corporate governance legal measures
CLC: F832.51
Type: Master's thesis
Year: 2010
Downloads: 19
Quote: 0
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Abstract


Since the 80s of last century, institutional investors have been the leading role in corporate governance in mature markets such as Britain and America. They are not only the backbone of the development of national securities markets but also an important factor in corporate governance optimization. In late 60s of 20th century, institutional investors in western countries represented by the U.S. had developed fast. For corporate governance, institutional investors have experienced the historical period from“voting by foot”, negativism of shareholders, to“voting by hand”, positivism of shareholders. With the gradual maturity of capital markets, the rise and development of institutional investors are inevitable. Under the background of imperfect governance of listed companies in China, now it has become an important research subject to strengthen and promote the development of institutional investors, and meanwhile the issue has important policy implications. In developing countries like China, due to the lack of a sound legal system to protect minority shareholders, the development of other corporate governance mechanisms including institutional investors would greatly facilitate the normalization and healthy development of market. This paper attempts to analyze the need of participation of institutional investors in corporate governance in China from the point of their current situation, and propose relevant measures from the legal point. The paper is divided into four parts, including:Part I: In the overview of institutional investors and corporate governance, the paper first defined the concept, characteristics and classification of institutional investors, and the brief definition of the concept of corporate governance set the stage for the following discussion.Part II: According to the historical evolution from passiveness to activeness of participation of institutional investors in corporate governance in the U.S., the paper described the main ways to participate in corporate governance in the U.S., and then analyzed the reasons for the change from passiveness to activeness, and at last assessed and summed up the experience of the performance of active participation in corporate governance of American institutional investors.Part III: The paper briefly introduced the current situation of Chinese institutional investors, and analyzed the necessity and feasibility of participation of institutional investors in corporate governance in our country, and then focused on the negative obstacles of the participation.Part IV: For the problems of the participation of Chinese institutional investors in corporate governance, on the basis of the previous text the paper put forward appropriate legal measures, providing reference for continuous improvement of the participation of institutional investors in corporate governance in our country.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Financial market
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