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近年来,社会经济正在发展,我国上市公司数量也逐年增加,资本市场呈现一片繁荣景象。股份有限公司以其特有的资本集中、风险分散等特点,吸引了社会上众多投资者,其行为涉及到各方主体的切身利益。然而资本市场鱼龙混杂,损害中小股东权益的现象层出不穷,降低了股份有限公司向社会融资的功能,阻碍了市场经济的发展,因此,加强对股份有限公司中小股东权益保护是社会各界亟待解决的问题。本文通过对中小股东地位、权益的界定,结合权益受侵害的情形以及原因,不断总结与完善中小股东权益的内部保护机制和外部保护机制,在不损害大股东权益的前提下切实保护中小股东权益,以促进整个社会经济和谐有序地健康发展。
In recent years, the social economy is developing, the number of listed companies in our country also increases year by year, and the capital market shows a prosperous situation. Due to its unique characteristics such as concentration of capital and diversification of risks, the Company has attracted many investors in the society and its actions involve the vital interests of all the parties. However, the mixed phenomenon of the capital market and the damage to the rights and interests of the minority shareholders have reduced the function of the limited company to finance the society and hindered the development of the market economy. Therefore, strengthening the protection of the rights and interests of the minority shareholders of the limited company is a problem to be solved urgently by all walks of life. Based on the definition of small and medium shareholders, rights and interests, combined with the infringement of rights and interests as well as reasons, this paper constantly summarizes and improves the internal protection mechanism and external protection mechanism of minority shareholders’ rights and interests, and protects the rights and interests of minority shareholders under the premise of not damaging the rights and interests of major shareholders So as to promote the harmonious and orderly and healthy development of the entire society and economy.