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Corporation of minority shareholders the right to legal protection

Author: HuangZuoLing
Tutor: LiYuZi
School: Central University for Nationalities
Course: Economic Law
Keywords: minority shareholders the majority of capital principle the majority shareholder fiduciary duty corporate governance shareholder derivative litigation
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 192
Quote: 1
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Abstract


Corporation plays an increasingly important role in economical and political life, which focuses on specific capital, and disperses risks. Therefore, the development of a comprehensive science of modern company law is particularly important for the protection of the majority of the main body of investment, in particular, a widely minority shareholders. In China, all kinds of phenomena that damage the rights of minority shareholders are universal. On the one hand, these behaviors break the equality value of law. On the other hand, they damage the function of the Social Finance Corp., which hinder the development of the market economy. Therefore, the strengthening of protecting the rights of minority shareholders in corporation has an important theoretical and practical significance.Firstly, the digest introduces the basic concept for majority shareholders and the minority shareholders. Then the theoretical basis for protecting the rights of minority shareholders is presented, that is, fair value method and the law to protect the weak of the community.Secondly, the digest analyze the means and causes that the major shareholder of China Ltd. and senior managers infringe upon minority shareholders. It includes four aspects: the principle of majority Capital Corp. of abuse and shortcomings, the major shareholder of the lack of fiduciary duty, corporate governance structure of the defect and shareholder derivative litigation system imperfect.Finally, based upon the above reasons, as well as company law legislation to protecting the rights of minority shareholders, learning from advanced foreign legislative experience, the article put forward four countermeasures to protect the right of minority shareholders Co., Ltd: inhibited deficiencies of the majority of capital principle by legislation; to build the major shareholder of integrity mechanisms; improve corporate governance structure; improve shareholder derivative litigation for minority shareholders the right to relief.This digest using logical analysis method, define the key concepts first, analyze the phenomenon and reasons, then for the reasons put forward corresponding countermeasures. The Empirical Analysis method is also used in this digest, combined the case studies and theoretical analysis. By using comparative analysis, compares the foreign legislation and judicial practice with China’s to conduct comparative analysis of the lack of company law, a number of feasible legal responses are proposed at last.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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