Research On The Legal Norms Of Proxy Solicitor’s Qualification For Shareholders’ Rights In Listed Companies

The qualification of shareholder right agent solicitor is the starting point of the construction of the open solicitation system,which is more related to the realization of its preset function,and directly affects the breadth and depth of the solicitation subject’s participation in corporate governance.The current system constructs the qualification standard system of solicitors from the two dimensions of positive qualification and negative qualification,which provides institutional guarantee for the orderly development of shareholder agency solicitation activities.However,from the perspective of effective implementation of the system,there is still room for refinement and optimization of the system.After defining the qualification of solicitors and the necessity of legal norms,this paper analyzes the basic principles and norms of legal norms.The study holds that at present,At present,China has carried out a certain degree of system construction for the positive qualifications and negative qualifications of the recruiters,and established the category qualifications of the four major subjects,clarified the requirements for the 1%shareholding proportion and retention period of shareholders,increased the five types of negative qualification of the recruiter,and built the basic framework of the legal norms of the subject qualification of the recruiter.However,there are still some problems in these norms,such as too strict restrictions on the scope of solicitation,the qualification of solicitors of investor protection institutions needs to be refined,the legislative level of negative qualification norms is not high,and negative qualification needs to be further improved..In the future,we need to adjust and optimize the concept of norms,adhere to the principle of open and fair competition;Adjust the normative model,introduce the constitutional autonomy model,and build a comprehensive normative model of "constitutional autonomy + legal restrictions";The conditions for shareholders to hold shares and the time limit for shareholders to be held by the board of directors shall be increased by 6%,and the time limit for shareholders to hold shares shall be increased by 1%;Expand the scope of recruiters and increase the board of supervisors as the appropriate recruiter;strengthen the construction of negative qualification systems.Learn from the provisions of other countries and regions on the restriction of shareholders’ rights,and set up special negative qualifications according to the particularity of different subjects while constructing the negative qualification of the solicitors as a whole.This paper is divided into four parts to study the optimization of the legal norms of the subject of shareholder agency solicitation in China.The first chapter is the theoretical basis.This paper defines the relevant concepts involved in this study(proxy collection of shareholder rights,and combs the inevitability of the legal norms of collector’s qualification from two aspects: the inevitable requirements for overcoming the disadvantages of the predecessor of the collection system agent relationship,and the endogenous demand for the deviation of the value function of the collection right from the prevention.The second chapter is the analysis of the current situation of the legal norms of the qualification of solicitors.Aiming at the two dimensions of positive qualifications and negative qualifications of recruiters in the existing legal norms.In terms of positive qualification,the provisions on the positive qualification of solicitors in China’s institutional norms are mainly reflected in the categories of solicitors and the qualification conditions of shareholders.The third chapter is the reflection and reason analysis of the legal norms of the qualification of solicitors.This paper analyzes six main problems existing in the legal norms of solicitors in China,such as too strict restrictions on the scope of solicitors,and discusses the causes of the problems from three aspects: normative mode,normative concept and responding to practical needs.The fourth chapter is the suggestions on the improvement of the legal norms of the solicitors’ qualifications.In view of the existing problems and reasons,the paper puts forward the future institutional ideas from three aspects: the optimization of normative concept,the adjustment of normative model and the optimization of specific system.