Simple Analysis Of The Dissenting Shareholder' Right

The appraisal right of dissenters is an important mean to protect the interests of the minority shareholders and to prevent the majority-capital-control doctrine and to enhance the efficiency of the company's operation. To introduce this system is a great progress for the Company Law of our country. The means of the Value Analysis, Comparative Analysis, and Norm Analysis are used to analyze the appraisal rights and give some suggestions to perfect the appraisal right of dissenters in this paper. The author tries to analyze the appraisal right of dissenters comprehensively and point out the flaws in the system, which is to provide the perfect proposal.This paper consists three parts.The first part is to recapitulate the basic theory of the dissenting shareholders generally. The author makes the comprehensive definition of the dissenters and shares the generation, the development and the character of the dissenters. The author introduces the real function(Reasonable compensation,pre-monitoring)of the appraisal right of dissenters is to achieve maximum benefits of the dissenters'thoroughly.The second part analyzes the related research of Foreign mainly and introduces the legislation and research in developed countries, which are used to find useful parts for us to Learn. The author introduces the type, the cause, the kinds of company, the Shareholders, the sequence and the determination of Shares' price of the dissenters in this part.The third part analyses the type of company, the type of shareholders, the reason and the procedure of the legislation in our country. The author also analyzes the relevant cases, the procedural norms and the price of the judicature in our country. The part analyses the problems of the appraisal right of dissenters. Finally, the author proposes the suggestions to make the appraisal right of dissenters more perfectly from the information of foreign experience in order to perfect the system in our country.