论公司中小股东权益法律保障机制的完善

保护中小股东权益已成为各国学者共识,不同法系国家在实践中都进行了有益探索。我国《公司法》借鉴了国外中小股东权益保护的先进制度,确立了中小股东权益法律保护体系,在保护中小股东权益道路上迈出了重要的一步。但由于诸多因素,中小股东权益还是在立法层面和司法实践上都存在着欠缺。如何通过研究中小股东权益有关理论及立法实践,结合我国国情,提出完善我国中小股东权益保护的立法建议,已成为现代社会所面临的法治难题,需要给予更多关注和深层次思考。

Improvement of Law Guarantee Mechanism about the Rights and Interests in Medium and Small Stockholders

It is widely accepted that the rights and interests in medium and small stockholders should be guar- anteed and it has been explored in practice by countries of various law systems. In our country, ＂ Company Law＂ u- ses the experience of the good systems of foreign guarantee of rights and interests in medium and small stockholders for reference and thus sets up the guarantee system of the rights and interests in medium and small stockholders in law which is very essential in guaranteeing the rights and interests in medium and small stockholders. But because of different factors, the rights and interests in medium and small stockholders are deficient in legislation and judica- ture. It has been a legal issue of the modem society that how to propose some legal suggestions about the improve- ment of guarantee system of the rights and interests in medium and small stockholders in our country meeting the na- tional conditions, and it should be put much attention and given deeper thinking.