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当今社会各国公司法基本都承认的规则“资本多数决定制”它是指表决权的多数就足足可以控制公司的股东会乃至董事会,而且能够在公司的各种会议上作出那些仅有利于大股东的决议。并且现代股份公司基本都是包含多方利益的统一体。它们平衡各种利益主体的利益从而使公司能够健康发展。然而在我国尽管股份公司出现了并制定了公司法也有十多年,但随着改革开放的深入连同股份经济的发展,对保护公司中小股东的合法权益。是当前理论界和法律中特别需要解决的问题。因此,保护中小股东的权益,是公司法的必然要求,其主要由于中小股东在公司中出于弱势地位,他们的权利常常受到侵犯,虽然新公司法的出台,对中小股东的权益起到了相当的保护作用,当然,其中也存在着不足之处,所以,结合有关对中小股东的权益的挽救的努力,对中小股东的权利的保护这一论题进行相关的阐述。
The rules that are generally recognized in the corporate law of all countries nowadays “capital majority decision making” means that the majority of voting rights is sufficient to control the shareholders’ meeting of the company and even the board of directors, and that all kinds of decisions that are only favorable Major shareholder’s resolution. And modern stock companies are basically multi-stakeholder entities. They balance the interests of various stakeholders so that the company can develop healthily. However, despite the emergence and development of a company law in our country for more than a decade, along with the deepening of reform and opening up and the development of the stock economy, the legal rights and interests of the minority shareholders of the company are protected. It is a problem that needs to be solved in the current theoretical circles and laws. Therefore, the protection of the rights and interests of minority shareholders is an inevitable requirement of the Company Law. Their rights are often infringed due to the fact that the minority shareholders are in a disadvantaged position in the company. Although the introduction of the new company law, the rights and interests of minority shareholders have been fairly balanced Of course, there are also some shortcomings. Therefore, combining with the efforts to save the rights and interests of minority shareholders, the article also discusses the protection of the rights of minority shareholders.