“新公司法”视域下小股东权益保障研究

A Study on the Rights Protection of Minority Shareholders Under the New Company Law

在资本多数决原则下,小股东在公司中总是处于弱势地位,其权利时常受到大股东的侵害。"新公司法"通过完善表决制度、增加对小股东的司法救济等措施,建立起对股东权利平等保护的完整机制,对保护小股东权益具有积极意义。但"新公司法"在保护小股东权益方面仍有一些不足,需要加以完善。

Under the majority rule of capital,the minority shareholders in the company are always in a status of inferior position,and their rights are often subjected to the abuse from the major shareholders.With the coming of New Company Law,the minority shareholders′ rights have been positively protected because,by means of improving the voting system,the judicial relief for the minority shareholders and other measures are added up and a comprehensive mechanism to protect the equal rights of shareholders is established.But the new law still needs further improvement,for the protection of the rights and interests of the minority shareholders is not adequate enough.