民营企业创始人控制权保护研究——以“国美之争”为视角-research on the protection of private enterprise founders control right —— from the perspective of.docxVIP

AbstractSince the reform and opening up, Chinas private economy has achieved rapid development. With the continuous expansion of business scale, The demand for capital, talent is increasingly significant, so an increasing number of enterprises are embarking on a public road, introducing the professional managers system in the corporate governance. In the process of transition to a public company, the founders are facing a huge risk of corporate governance. After the company is listed, the founders stake diluted is often inevitable. Professional manager market is still far from mature, so the game between founders and professional managers becomeincreasingly complex. By a typical case — Gome’s battle for control, This articlegives an in-depth analysis of the founder of loss of control right. On the basis of Specifying the importance to protect the control right of founder, a variety of conservation approaches have been proposed in order to achieve the purpose of protecting the control right of the founder in private enterprises. Besides the introduction, main body of this article is divided to six parts as follows:The first part details the case of this paper as the foundation for the discussion later in this article. Then the focus of this contention is summarized, and identify the center of this article discussed: founder and corporate control right.The second part of this article gives an in-depth analysis of corporate control right over the property. On the basis of clearing the shareholders’ control right of the enterprise, give a further analysis of the justification of private enterprise founder’s control right at this stage.The third part of the paper analyses the reasons of the loss of corporate control right for the founder. The first is the separation of ownership and management in the modern enterprise system; the second is that their own risk awareness is weak, and crisis management misconduct; the third is the founder did not pay full attention to