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股东平等是各国公司立法的基本原则,它从主体角度界定平等,进而要求实现实质的、具体的平等。我国公司法理论与实践长期以来倡导股权平等,忽视了股东平等在公司法中原则地位。股东平等制度的长期缺失曾引发公司实践中资本多数决原则的滥用和中小股东权益保护的尴尬;新修订的《公司法》实现了股东平等保护的巨大飞跃,但其制度设计仍有待进一步改进和完善。
Equality of shareholders is the basic principle of the legislation of corporations in different countries. It defines equality from the angle of subject and then calls for substantive and concrete equality. The theory and practice of corporate law in our country have long advocated equal equity and neglected the principle of equality of shareholders in corporate law. The long-term absence of the shareholder equality system has caused the abuse of the capital majority rule and the protection of the rights and interests of minority shareholders in the practice of the company. The newly revised Company Law has achieved a great leap forward for the equal protection of shareholders. However, its system design needs to be further improved. perfect.