以股份买取请求权为中心浅谈闭锁性公司的少数股东权益保护
发布时间：2018-11-10 14:10
【摘要】：目前在我国具有相互信赖关系、变动少、数量少的股东的所谓闭锁性公司越来越多 ,他们促进了我国市场经济建设的发展。但是在闭锁性公司中也具有在公司机构上的显著弱点 ,即经营权、决定权、监督权的合三为一 ,这样闭锁性公司的少数股东权益受到大股东的侵害的可能性就非常的大 ,而且受到侵害后少数股东在现行公司法中不能够得到完整的保护 ,因此本文借鉴日本等发达国家的立法经验 ,建议设立股份买取请求权以缓解在这种情况下少数股东的困境
[Abstract]:At present, there are more and more so-called closed companies with mutual trust relationship, less change and less quantity of shareholders in our country. They have promoted the development of market economy construction in our country. However, in a locked company, there are also significant weaknesses in the organization of the company, that is, the combination of three powers of management, decision and supervision. Thus, the possibility that the minority shareholders' rights and interests of a locked up company will be infringed upon by large shareholders is very great. And the minority shareholders can not be fully protected in the current company law after being infringed. Therefore, this paper draws lessons from the legislative experience of Japan and other developed countries, and proposes to establish the right of claim for the purchase of shares in order to alleviate the plight of minority shareholders under such circumstances.
【作者单位】： 成都高新技术产业开发区人民法院 成都市中级人民法院
【分类号】：D922.291.91
本文编号：2322682
[Abstract]:At present, there are more and more so-called closed companies with mutual trust relationship, less change and less quantity of shareholders in our country. They have promoted the development of market economy construction in our country. However, in a locked company, there are also significant weaknesses in the organization of the company, that is, the combination of three powers of management, decision and supervision. Thus, the possibility that the minority shareholders' rights and interests of a locked up company will be infringed upon by large shareholders is very great. And the minority shareholders can not be fully protected in the current company law after being infringed. Therefore, this paper draws lessons from the legislative experience of Japan and other developed countries, and proposes to establish the right of claim for the purchase of shares in order to alleviate the plight of minority shareholders under such circumstances.
【作者单位】： 成都高新技术产业开发区人民法院 成都市中级人民法院
【分类号】：D922.291.91
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，本文编号：2322682
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