Education, Science, Technology, Innovation and Life
Open Access
Sign In
  1. Home
  2. Journals
  3. Science of Law Journal
  4. Vol 3, Issue 5, 2024

Research on the Protection of Shareholders' Rights in Company Law

Download as PDF

DOI: 10.23977/law.2024.030522 | Downloads: 29 | Views: 888

Author(s)

Xiaoxiang Hou 1

Affiliation(s)

1 Hubei Lifeng Law Firm, Wuhan, Hubei, China

Corresponding Author

Xiaoxiang Hou

ABSTRACT

The article explores the current state, existing problems, and suggestions for improvement in the protection of shareholders' rights from the perspective of company law. It first reviews the development of Chinese company law and its several significant amendments, especially reforms aimed at protecting minority shareholders' rights, such as the cumulative voting system and shareholders' derivative action rights. Then, the article provides a detailed analysis of the concept and classification of shareholders' rights, including property rights, individual rights, and collective rights, explaining the specific content of each type of right and their importance in corporate governance. Subsequently, the article assesses the current state of shareholders' rights protection under company law, highlighting issues such as inadequate protection of information rights, ineffective protection of voting rights, difficulties in exercising shareholder litigation rights, and insufficient regulation of related-party transactions. To address these issues, the article proposes several improvement suggestions. Finally, the article concludes by emphasizing the importance of protecting shareholders' rights for corporate governance and the healthy development of the market economy, hoping that through the combination of theory and practice, the mechanism for protecting shareholders' rights can be continuously improved, promoting the harmonious development of shareholders, companies, and society.

KEYWORDS

Company Law, Shareholders' Rights, Protection Research

CITE THIS PAPER

Xiaoxiang Hou, Research on the Protection of Shareholders' Rights in Company Law. Science of Law Journal (2024) Vol. 3: 146-153. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030522.

REFERENCES

[1] Wang Dong. Interpretation of the New "Company Law": Changes in the Rights, Obligations, and Responsibilities of Company Shareholders [J]. Procuratorate Daily, 2024, (07): 28-29.
[2] Lin Yiying. Improvement of Shareholder Rights Protection in the New "Company Law" [J]. Application of Law, 2024, (02): 16-27.
[3] Yang Lujun. From Company Law to Bankruptcy Law: Exercise of Shareholders' Rights in Reorganization Procedures [J]. Journal of Dalian University of Technology (Social Sciences Edition), 2023, 44 (06): 111-119.
[4] Zhao Xiang. Research on the Protection of Category Shareholders' Rights in China under the Background of the Amendment to the "Company Law" [D]. Guangdong University of Finance and Economics, 2023.
[5] Zhang Lijing. Regulatory Paths and Rule Improvement for the Abuse of Controlling Shareholder Rights under the Background of the Amendment to the "Company Law" [D]. Southwestern University of Finance and Economics, 2021.
[6] Bakanauskas E. Protection of Minority Shareholders' Rights in Group of Companies: Lithuania and EU Company Law Perspectives [J]. Vilnius University Open Series, 2020, 7-17.
[7] Zhang Kai. Research on the Remedies for Minority Shareholders' Rights under Canadian Company Law [D]. Shanghai International Studies University, 2018.
[8] Lu Jun. Analysis of the Protection of Minority Shareholders' Rights in Company Law [J]. Legal System and Economy, 2017, (09): 97-99.
[9] Tian Fangfang. A Brief Discussion on the Protection of Minority Shareholders' Rights in Company Law [J]. Modernization of Shopping Malls, 2016, (01): 90-91. 
[10] Ghetti R. Acting in Concert in EU Company Law: How Safe Harbours Can Reduce Interference with the Exercise of Shareholder Rights [J]. European Company and Financial Law Review, 2015, 11 (4): 594-632.
[11] Wu Chichen. Current Status and Legal Remedies for the Protection of Minority Shareholders from the Perspective of Rights and Risk Distribution Systems: An Analysis of the Basic Shareholder System in China's Current "Company Law" [J]. Legal System and Society, 2012, (24): 36-37.

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.