Analysis Of The Sea Of Hainan Steel Group Limited Company And The Defendant China Metallurgical Mining Corporation And Sanya Three Resort Limited To Damage The Interests Of Shareholders Dispute Case

With the deepening of reform of market economy and economic system, ourcurrent abuse related court cases and the rights of shareholders are more and more.China’s current "company law" provisions of article twentieth of the shareholder rightabuse liability. The third paragraph of this article may also be considered as thegeneral provisions in the company law of the disregard of corporate personality inChina, to make up for the limitations of creditor protection due to the independence ofcorporate personality and the limited liability of shareholders. However, with thefurther analysis we discover not hard, what is the shareholder right abuse, theconstitution is what, the shareholder right abuse may have what harm, for differentdamage should be a series of problems by what means to remedy law, from thesurface it is difficult to draw too many conclusions. Especially in the identification of"abuse of the rights of shareholders" behavior, the current regulations are stillrelatively vague. China has always pursued the combination of civil and commerciallaw, the basic principles of the civil law also applies to commercial law, shareholdersabuse is prohibited, it is in the civil law forbidding the abuse of rights in the businesslaw and reflect the extension. Although China’s company law provides for allshareholders abuse related issues, but in practice there are still some worth thinkingand discussion.In this case was selected by the Hainan Provincial Higher People’s Court of firstinstance trial by the Supreme People’s court adjudged case, this article mainly carrieson the analysis from the related problems of the following part of the case in theshareholder right abuse.The first part: introduce the basic situation of the case. First, briefly introduce thecase; secondly, summed up the focus of controversy of the case; finally, thecorresponding summary judgment reason.The second part: the analysis of the shareholder right abuse related problems.First of all, the shareholder right abuse is a general overview; secondly, according tothe difference of its constituent elements and the tort is further elaborated; again, form the shareholder right abuse and possible damage; finally, the rights of shareholdersabuse the relief ways and means.The third part: the legal analysis combined with the comprehensive assessmentof the case and the verdict. The first defendant abuse the rights of shareholdersbehavior as the analysis foundation, elaborated the rationality of second instancecourt.The fourth part: the conclusion of this case study. For the case of the referee, infact, is a progressive layers of the relationship. Layer upon layer of reasoning, makedecision more convincing, in the court of the second instance verdict, it is not difficultto see that its profound theory, understanding the laws in place, which is worthaffirmation.The fifth part: caused by the example of the enlightenment. Although China’scompany law provides for all shareholders abuse related problems, but what is theshareholder right abuse, the constitution is what, the shareholder right abuse may havewhat harm, for different damage should be a series of problems by what means torelief, from the law seems difficult to draw too many conclusions. In practice, thereare still some worth thinking and discussion. The judge in the application can not onlybe used as in the general rules of simple citation, should also be based on the specificcase analysis on the. Given the diversity of abstract and theory, through therefinement of legislation to strengthen its practice application and operability, so as torealize the fairness and justice of the case, it will not only promote the perfection oflegislation, there is conducive to the company, shareholders and creditors of thecompany for the effective protection of the interests.