股东控制权略论

On the Controlling Power of Shareholders

股东控制权为一个明确的法律概念,不仅具有财产权的基本特性,而且又可分割为商业决策权、财产支配权和经营管理权。公司管理者与股东、股东之间的控制权争夺和滥用多源自控制权争夺所带来的利益冲突,研究控制权的财产属性,实现控制权的合理配置是建立和谐股东关系的制度保证。

The right of control, as a clear and definite legal concept, not only has the basic characteristic of the property right, but also can be divided into the powers of commercial decision-making, property controlling, and management running in specific. The scrambling for and abusing of the controlling power between the manager and the shareholder, and that between the shareholder and shareholder have originated from the beneficial conflicts, therefore, the study on the nature of property, and the realization of the rational allocation of the controlling powcr have became the institutional guarantee for the establishment of the harmonious legal shareholder relationship.