Constructs China General Meeting Of Shareholders Network Vote Legal System

Along with information technology's swift development and the network application's popularization, the world already entered the electronic information time, at the same time the corporate growth also pours into the informationization, the digitization, the knowledge-based, not to have the border and so on new historical characteristics. The general meeting of shareholders is to be listed's highest organ of state power, is the shareholder participates in the company managing with the management important way. The shareholder makes the decision through the general meeting of shareholders to the significant item, and the faction elects the human who oneself trust to enter the board of directors to enable own will to be able to realize. Under the network information age's general meeting of shareholder's convention also presented the new form new request, therefore the general meeting of shareholders network vote system arises at the historic moment.Has the young shareholder in our country to participate in the insufficiency, the general meeting of shareholders serious human body's realistic situation to the company affair, therefore the general meeting of shareholders network vote system even more has the special value. The general meeting of shareholders network vote system's implementation, reduced general meeting of shareholder's conference cost greatly, it can promote the young shareholder to attend the meeting goes her right, can guarantee the shareholder right to know realization, made up the tradition general meeting of shareholders shareholder to vote the way the insufficiency, was advantageous exercises the right to vote independently in the shareholder, and could safeguard the social public shareholder's legitimate rights and interests, regarding realized the company to govern with the company democracy, drove that in the shareholder participation and the protection the young shareholder had the unreplaceable function.This article while profits from national and so on American Japan advanced legal regime's, has carried on the thorough analysis to our country general meeting of shareholders network vote system's reality Unified China Internet message center (CNNIC) on January 19, 2011 issued "27th China Internet Development Condition Statistical reports" in Beijing the most recent data analysis as well as "the Shanghai Stock market To be listed General meeting of shareholders Network Voting Executive regulation (in 2011 Revision)" "Shenzhen Stock market To be listed General meeting of shareholders Network Voting Executive regulation (in 2010 Revision)" and so on newest promulgation laws and regulations has carried on the thorough discussion proposed my own view.This article is divided four chapters, the first chapter carries on the concept analysis by the legal angle, and to general meeting of shareholders network vote system's implementation and stockholder's rights equal rule whether to be opposed the retrograde movement good discussion, has obtained the general meeting of shareholders network vote is to the stockholder's rights equal rule best implementation conclusion. And the democracy method and the free angle elaborated from the law constructs our country law of corporation stratification plane the general meeting of shareholders network vote system's necessity. The second chapter mainly elaborated general meeting of shareholders network vote system's value superiority, through with the traditional vote way's contrast, obtained has utilized the general meeting of shareholders network vote way, could enhance the social public stock shareholder to participate in general meeting of shareholder's proportion, enhanced the shareholder meaning expression the authenticity, thus protected the young shareholder rights and interests, between perfect company investor's relations, thus acceleration company democratization process; is advantageous in saves the vote cost, is advantageous in realizes the shareholder benefit and the company value maximization, and can promote the young shareholder's words power; Can form the effective restriction to the company operators; Can for the enterprise development creation good external environment conclusion. The third chapter first elaborated the general meeting of shareholders network vote system's overseas development present situation, mainly take the US and Japan as an example, after that elaborated our country historical development and the present situation. Finally through overseas promulgates in our country this system development with our country's contrast to have the insufficiency, and puts forward own proposal. In the fourth and the fifth chapter the author depended on completely in our country existing legal rule and the implementation actual the general meeting of shareholders network vote system proposed own conception to our country law of corporation. And fourth is the author unifies the most recent data and the laws and regulations stipulation, puts forward own proposal to our country general meeting of shareholders network vote: First, consummates the legislation and the network monitor and control develops simultaneously; Second, using mobile terminations and so on handset, should by the stipulation be the reasonable way.