In the practice of corporate governance,controlling shareholders often abuse their equity to harm the interests of other shareholders or the company.Particularly in China,where corporate equity is highly concentrated,...In the practice of corporate governance,controlling shareholders often abuse their equity to harm the interests of other shareholders or the company.Particularly in China,where corporate equity is highly concentrated,controlling shareholders frequently manipulate companies through their authority and dominant position,making it difficult to protect the interests of non-controlling shareholders.Based on cases citing Paragraph 1 of Article 20 of China's Company Law,courts have shown contradictions and ambiguities in applying this provision in similar cases.These issues indicate an urgent need to theoretic ally clarify the constituent elements and determination standards for the abuse of shareholder rights,and to a void the abuse of judicial discretion.展开更多
文摘In the practice of corporate governance,controlling shareholders often abuse their equity to harm the interests of other shareholders or the company.Particularly in China,where corporate equity is highly concentrated,controlling shareholders frequently manipulate companies through their authority and dominant position,making it difficult to protect the interests of non-controlling shareholders.Based on cases citing Paragraph 1 of Article 20 of China's Company Law,courts have shown contradictions and ambiguities in applying this provision in similar cases.These issues indicate an urgent need to theoretic ally clarify the constituent elements and determination standards for the abuse of shareholder rights,and to a void the abuse of judicial discretion.
