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公司中多数统治与少数保护的平衡照顾是公司立法历来所关注的问题。现代公司中董事会功能空前扩大,小股东地位日益弱化,加强对小股东利益的保护以促进公司良性发展已成为各国公司法的共识。文章在对小股东保护的理论背景进行分析的基础上,提出了完善我国公司法小股东保护制度的必要性和构想。
The balance of majority rule and minority protection in corporations is a concern that has always been the subject of corporate legislation. The function of the board of directors in the modern company has been expanded unprecedentedly, the status of the minority shareholders has been weakened day by day. To strengthen the protection of the minority shareholders to promote the healthy development of the company has become the consensus of company law in various countries. On the basis of analyzing the theoretical background of the protection of minority shareholders, the article puts forward the necessity and conception of perfecting the system of protecting minority shareholders of company law in our country.