Research On Controlling Shareholders' Usurping Legal Opportunity

Under this high-tech market-oriented information era, opportunity is treasure and it plays a vital role in company development and is very important resource in survival and development. It does harm to company benefits and brings destruction to economic market too if the opportunity is seized by others. Currently, in educational circles, the research regarding opportunity rules is taking directors and senior executives as study objects, but ignoring another group of opportunity seizers called controlling shareholders. In fact,those who run randomly in power controlling and vital determinations is affecting the companies itself and other shareholders, if it goes on like that,there will be massive destruction which is preventing the companies from growing and becoming a killing problem. In reality, controlling shareholders seize opportunities in a private and secret way and the behavior has somehow the particularity so there must be legal regulation against it. However, in our country, no specific law is governing the behavior and those controlling shareholders are getting away with Chinese laws, as a result, there is loophole in the protection of company’s opportunities and it has huge impact on other shareholders’ legal advantage and development of economic market, thus it has important significance and we should be aware that those controlling shareholders must be out of this business and it is all for the safety and prospect of the companies.The article is taking controlling shareholders as study objects, using methods of comparative and empirical research to demonstrate the reason why we must govern opportunity seizing behaviors and make regulations regarding this point. First of all, to elaborate related theoretical basis, through the analysis, it turns out that current regulation theory doesn’t fit controllingshareholders. We make a statement and point out clearly that this kind of behavior is against justice, fairness and is destruction to the economic order.Secondly, we talk about the discussion upon related problems. We stick to the thought of concrete analysis to concrete issues under the condition of suitable moderation and premise standards, binding individual standard as well, to distinguish from shareholders of natural person and shareholders of legal person. What’s more, to analyze and make use of rightful situation. Through the codification, we allow the companies to have their own thinking by articles of association or negotiations according time era change. Ultimately, we think about the relief. Mainly we will protect company benefits and directly govern the shareholders whose benefits will be also maintained but taking as the secondly place; besides, to complete concrete program of classification and it will always be the priority rather than right of compensation; and to aware of burden of proof and distinguish the relief between direct and indirect seize.The article is regarding the special research which content is taking controlling shareholders as the main part of opportunity seizers, it is totally an innovation and we do categorization of it, moreover, we analyze why there must be governing to those controlling shareholders beyond the 3 elements of principle of honesty and credibility: fair, justice and order. We come up with new thought of identified standard focusing the particularity of it and by knowing the exception situation of company opportunity theory in our reality,to move on. Eventually, during the relief, in order to distinguish direct and indirect seize, the construction of relief measure is very necessary, through this article, we look forward to breaking through the difficulties and protect the company and other shareholders’ benefits, finally, to get a optimizing corporate governance and fine development of economic market.