论小股东的弱势地位及其法律救济——兼评股份合作企业的制度缺陷

股份合作企业的制度缺陷和无统一立法两个因素使企业的小股东在许多方面呈现出社会弱势群体的鲜明特色: 小股东没有知情权;有利于小股东的一人一票制的投票方式无法得到真正落实;一股一票制彻底剥夺了小股东的表决权: 小股东的权利救济难以保障等。制定《股份合作企业法》是保护小股东应有权利的唯一选择。

On Minor Position and Legal Relief of Small Shareholders

Small shareholders show their inferior characteristics as a minor social gyoup in many respects because of the public limited enterprise system's blemish and having not a universal constitution. These characteristics include that they have no right of being informed, that the vote system based on person can't get its real practice, while vote by share does deprive their vote rights, and that their right relief is difficult to be guaranteed, etc. To adopt a "Share Cooperation Enterprise Law" is the only choice that small shareholders can make to protect their rights.