股东表决权刍议

My Humble Opinion of the Voting Right of Stockholders

股东表决权是指股东基于其股东地位而享有的,就股东大会议案进行表决和对公司董、监事进行选举的权利,是股东权的基础。股东表决权行使原则,行使方式有其特殊性。针对我国公司股东表决权行使中存在的问题,在公司立法上应建立股东表决权的代理行使、书面行使,表决权信托制度;禁止对股东参加股东大会加以限制;建立股东表决权排除制度,累积投票制度;明确对股东大会表决、选举结果的公证制度。【关键词】公司;股东;股东表决权;

The voting right of stockholders means that the shareholder enjoyed on the basis of its shareholder' s position, and it is the right of selecting board officer and board of supervisers, it is the foundation of shareholder's right. Voting right of stockholders exercise principle, exercise way have his particularity. To the question that the voting right of stockholders of company of our country exists when exercised, the legislation should set up acting of voting right of stockholders exercises, exercises in writing in company, set up the trust system of the right to vote; forbid participating in shareholders' meeting's limiting the shareholder; set up the voting right of stockholders and get rid of the system, accumulate the vote system; the notarization systems of voting to the shareholders' meeting clearly, election results.