A Study On The Legal Problems Of Minority Shareholders' Rights Protection In Corporate Governance Structure

The capital majority rule is the basic principle of corporate law, which is derived from the principle of shareholder equality. According to this rule,the shareholders who holding the majority stakes become controlling shareholders.In order to maximize interests, they controll the company by the advantages of the voting. Minority stockholders are given an unfairly treatment.Their interest have been severely damaged. This situation is especially evident in China.Thus,the issue of shareholders’rights protection is put forward in this thesis.The essay is divided into three parts:introduction,main body and conclusion.Considering the manifestations and the negative influence of the invasion of the minority shareholders, this article suggests that the main reason is the abuse of the majority rule and the unbalance of the structure of enterprise administration. Without the protection of the minority shareholders, enterprises will far away from the healthy development. This article emphasizes the importance of this kind of protection.In the second part, the preventive measures will be brought out by comparing the measures provided by foreign countries. These measures aim to limit the application of the majority rule. The China-oriented legal measures will help the development of enterprises.The relief way for the abuse of the majority rule is based on the following data:the difference between the two versions of company law, the international mature legislative experience, and China’s current national situation. This article aims to balance the profit between the controlling shareholders and the minority shareholders.