论我国上市公司委托书征集法律制度的完善.pdfVIP

摘 要 论问题，对委托书征集制度的定义、功能、本质及理论基础进行阐释，为 全文做好铺垫；第二部分从分析我国委托书征集制度的立法现状和实践入 手，对当前我国委托书征集过程中存在的问题进行了总结；第三部分通过 对美国、德国、日本和我国台湾地区的委托书征集制度的基本内容和运行 过程进行比较研究，为完善我国委托书征集制度在立法上提供借鉴；第四 部分针对我国委托书征集制度的立法缺漏和实践问题，通过对相关国家和 地区的委托书征集制度进行比较研究的基础上，为完善我国的上市公司委 托书征集制度进行立法上的思考，并提出完善的具体建议。 关键词:委托书征集，公司治理，信息披露 2 摘 要 ABSTRACT Corporate governance is a critical part of the modern running. The most important value of corporate governance is to ensure that operators how to run the company in order to bring maximum benefits to shareholders, and how to avoid due to the separation of ownership and agency costs. Our company decided to fundamental factor is Chinas capital market to the sustainable development of corporate governance. Proxy Solicitation legal system is a very important law on corporate governance system.The system in the early 20th century in Britain and other developed countries gradually built up, and then play an important role in the companys development process in these countries, it can be said that sustainable development of the large companies in these countries has grown in strength and capital market important foundation for the successful operation of the system. Although Chinas current corporate governance practice has emerged a power of attorney solicitation, but because of Chinas Proxy Solicitation serious lack of legal system, making the power of attorney solicitation behavior has emerged in practice there is no clear legal norms as a guide, lead to commissioned solicitation behavior is very difficult to run, the process is qu