股东除名的法律问题研究-民商法学专业论文.docxVIP

万方数据 万方数据 ABSTRACT The company can bring benefits for the shareholders, and the healthy development of the company is an important guarantee for the interest of shareholders. When the shareholders infringe the interests of the company or other shareholders, honest shareholders can protect their own interests through legal way. Because of its closed characteristics, the share transfer is difficult in the limited liability. It has a nature of person joint. so expulsion of shareholder is a way to solve the” bad shareholders”. The shareholder expulsion is designed to protect the integrity of the legitimate rights and interests of shareholders, protection of the companys long-term healthy development. China has established the shareholder expulsion in the form of judicial interpretation, which is a kind of affirmation to practice case. But this provision is also relatively rough. The cause-in-constitution plays a greater role in practice. The main research method is the case analysis. I select some cases for the research of cause of expulsion and procedure of expulsion. This paper is composed of three parts: introduction，main part and conclusion. The first part is the introduction. This part mainly introduces the research significance, topic background, review of the literatures and research method. I combine the case and the theory to study the expulsion . The second part is the main part. This part includes the second chapter to the fifth chapter. The second chapter is the expulsion of shareholder expulsion. There are three aspects in this chapter. The first aspect is the theoretical basis for the expulsion of shareholder. It mainly introduces the company contract theory, the company autonomy theory and the Limited liability company personal combination theory. The company contract theory holds that the shareholder expulsion can improve the corporate governance structure and produce the efficiency value. The company autonomy theory holds that the shareholder expulsion