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Improvement of Company Law about Shareholders Rights from the Multi-dimensional Perspective

Author: LinXingJuan
Tutor: ChenNaiXin
School: Xiangtan University
Course: Economic Law
Keywords: Shareholders' Rights The multidimensional nature of the shareholders' rights The civil law rights of shareholders The economic law rights of shareholders The procedural law rights of shareholders
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 170
Quote: 0
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Abstract


The company is to create wealth and wealth-sharing organization, its not just property rights, should be combined with labor rights, therefore the Companies Act is not only the Organic Law of the civil subject of the Organic Law of the economic subjects, various departments of the Companies Act Law can be studied. The company maximum value is profit for shareholders, various National Company Law are generally concerned about the setting of the shareholders' rights, and China is no exception. January 1, 2006 the implementation of the new Companies Act \right to know, to increase shareholder derivative litigation legal system. But a closer analysis of the new Companies Act, we can see that there are still many of the shortcomings of the provisions of its shareholder rights protection, need further improvement. How to improve the rights of the shareholders in the new Companies Act scholars mostly from the point of view of civil and commercial law to study the improvement of shareholder rights, I believe that this approach is one-sided, because the rights of shareholders based on the right of the main positioning is a comprehensive rights, multidimensional, and it is not just the scope of the study of the Civil and Commercial Law, should be included in the research vision of the Economic Law. Based on the relevant provisions of the this author Perspective of the multidimensional nature of the shareholders' rights, the new Companies Act, Sector Act of shareholders' rights are classified under the framework of a systematic study of the shareholders' rights. Unlike equity shareholders' rights, it is the essence of the eligibility of shareholders rights, multidimensional. Theorists are classified according to different standards on the rights of shareholders, but has various deficiencies in this article, I introduced a new perspective to analyze the rights of shareholders, each shareholder rights law standard that department divided. The economic law rights of the shareholders' rights into civil law rights of shareholders, the shareholders, the shareholders of procedural law rights, including civil law rights of shareholders, shareholders based on the free will of tenure as well as the identity of the shareholders of the existing property rights, rights of shareholders of Economic Law The rights of shareholders in the process of cooperation to safeguard the interests of the common incremental procedural law rights of shareholders of the shareholders in the shareholders' rights have been infringed, or the interests of the company to court and the right to request to give appropriate protection. The author of the shareholders' rights provisions in the new Companies Act in accordance with the various departments law rights standards systematically analyzed and classified, the rights of shareholders to obtain the investment certificate, the identity of the shareholders rights, shareholder equity transfer rights and pre-emptive rights, shareholders eligible to inheritance rights, the right to the dissolution of the company request the right to request the share repurchase rights included in the civil law rights of shareholders, the shareholders' right to know, the question right, the right to make proposals, shareholders cumulative voting rights, usufruct of assets included in the economic law rights of shareholders, the shareholders direct right of action and derivative litigation rights included in the the procedural law rights of shareholders. Followed by the architecture of the shareholders 'rights department of law classified under shareholders' rights provisions of the new Companies Act systematic analysis of some shallow to draw our attention to the rights of the shareholders of the new Companies Act, thereby promoting the relevant provisions of the perfect.

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