Research On The Protection Of Minority Shareholders’ Rights From The Perspective Of Optimizing Business Environment In China

The rule of law is the best business environment.In the context of my country’s clear optimization of the business environment,my country proposes to build a business environment with a good rule of law and convenient rights protection.The State Council promulgated the "Regulations on Optimizing the Business Environment" in 2019.Article 16 of it also emphasizes that the state will increase the protection of the rights and interests of small and medium investors,improve the protection mechanism for the rights and interests of small and medium investors,and protect the rights of small and medium investors to know and participate.Enhance the convenience for small and medium investors to safeguard their legal rights and interests.Therefore,at this stage,my country needs to relieve the worries of small and medium investors in order to promote economic transformation and development,and it is urgent to improve the rights protection mechanism of small and medium shareholders.In addition to the macro guidance of the "Regulations on Optimizing the Business Environment",the "Company Law" has also improved the issue in the form of amendments to legal provisions and promulgated judicial interpretations,especially the "Judicial Interpretations of the Company Law(5)".It is to protect the rights and interests of small and medium shareholders,which reduces the cost of seeking relief for small and medium shareholders to a certain extent.However,in the face of the problems of low convenience for rights protection of small and medium shareholders and incompatibility with the new business model,the scope of protection of the rights and interests of small and medium shareholders in China’s legislation It is still not clear and extensive,the implementation of the protection mechanism is still in a state of namelessness,and there are many contradictions between the same case and different judgments in seeking judicial relief by small and medium shareholders.Studying the legislative protection and judicial application of the "Company Law" and related laws and judicial interpretations on the rights and interests of small and medium shareholders is an important measure to improve the corporate governance structure and ensure the construction of the legal system.It is also an important content of optimizing the business environment to achieve high standards.Evaluation indicators of the business environment.To this end,this paper will explain the meaning of small and medium shareholders and the content of their rights,and combine the content of optimizing the business environment to analyze the connotation of protecting the rights of small and medium shareholders,and expound the importance of optimizing the business environment in my country through the protection of the rights and interests of small and medium shareholders.Increasing the protection of small and medium shareholders can promote my country’s optimization of the business environment and promote high-quality economic development.Conduct data statistics and empirical analysis on the infringement of the rights and interests of small and medium shareholders in my country,summarize the reasons for the infringement of small and medium shareholders;explain the current legislative protection mechanism in my country,give examples and analyze the status quo of different judgments in the same case in judicial practice in my country,combined with the securities regulatory department Guidance and supervision of market entities,and analyzes the lack of the right to know,profit distribution requests,voting rights,and shareholder representative litigation systems in my country’s existing legislation and judicial system.From the extraterritorial analysis of the unfair damage system against the United Kingdom,the United States’ fiduciary duty regulations,the German inspector system and the Japanese shareholder derivative litigation system,it summarizes the enlightenment content of the protection mechanism of my country’s small and medium shareholders,and obtains macro regulations and specific protections.The reference meaning of the above.Finally,in view of the lack of legal provisions and judicial practices in the protection mechanism of small and medium shareholders,and then refer to the legislative design of protecting the rights of small and medium shareholders and enhancing the convenience of protecting the rights of small and medium shareholders from outside the territory,so as to meet the rule of law and facilitation of optimizing the business environment.From the perspective of efficiency,we put forward corresponding suggestions on the right to know,the right to request for profit distribution,the right to vote,and the dual shareholder representative litigation system to meet the high-quality business environment measurement standards,promote the improvement and optimization of the protection mechanism for the rights and interests of small and medium shareholders,and promote my country’s construction A business environment with good rule of law and convenient rights protection.