For Dissent Shareholders Share Repurchase System Research

The "majority of capital" principle provides an efficient solution to the problem for the modern company that is at the core of the idea of democracy around equal value system level, a significant impact on capital equal in significant events and decisions properly reflect the company’s business strategy. Modern business market, the company is able to play advantage of operating system, the effective use of social resources, balancing the interests of investors, the interests of efficiency and optimization of powerful boost. It is undeniable that a considerable period of time, it will dominate the existence and development of the company’s system, however, can not be ignored is that the "majority of capital" with other system designs, there must own shortcomings and defects, that is political most people in the field to explore the tyranny with the capital in the form of repeated, leading to minority shareholders face a high risk of damage. Since the "majority of capital" is temporarily unable to give up, but to take to improve the system to make up design flaw.Stock Repurchase Request Rights dissenting shareholders are modern company operating in the "Majority" principle to bring abuses redress mechanisms.It is one of the important rights for the protection of minority shareholders.It originated in the United States, and was introduced in 2005 when the country on the "Company Law" revision.Although that right relates to the statute, not much, but at the legislative level in our country from scratch in the process, the reflection of the growing importance of shareholders’ equity for the attitude change, marking the legislative process and commercial law of another country a major step forward.The article describes the background of modern corporate system, and explore the history of dissenting shareholders share repurchase claims arising necessarily start, according to the perception of things Deep logical order outside to the inside, in the understanding that right before, based on the combination of reality case expand the depth of theoretical analysis. Then legislative practice of horizontal comparison in the world, to learn the concept of extraterritorial legislation advanced. Finally, the settled status of our legislation, the spirit of discovery, an object of solving the problem of dissent shareholders Repurchase Request Rights System relevant recommendations at the legislative level in China.