Study On Shareholder Proposal System In China

The shareholder proposal system is an important in company law, which is not only thelegitimate rights protection of minority shareholders, but also an effective way to promotecorporate social responsibility in the modern economy. Many economically developed countrieshave adopted this system all around the world, including our country. In the hope of indicate itsflaw and give some practical advices to improve the mechanism, this thesis comparativelyanalyzes the shareholder proposal mechanism between our country and some other countries andregions. There are four parts included in this paper as follows:The first chapter is a theoretical overview of the shareholder proposals from origin anddefinition，as well as the simple introduction of our actual current mechanism. The second chapterelaborates our previous legislation and existing mechanism of shareholder proposal system, inorder to analyze the defects and deficiencies of the existing system specifically. The third chaptergives the presentation of shareholder proposal legislation in the United States, Japan, Germanyand Taiwan, especially through the actors, proposal elements, procedure and legal consequences.Last chapter proposed a series of legislative proposals in order of implementation mechanism tobe improved to make it more clear, more particular, easier to propose and more expectable.