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公司是现代社会中占据主导地位的企业形态。不管是何种类型的公司,在其内部与外部都交织着复杂而多元的利益关系。只有对利益链条中的每一种利益进行综合、平衡的分析,才能对公司法的各项制度有一个准确的理解。我们对股东权利保护制度的探析亦概莫能外。本文即从这种思路出发,在考察股东与其他主体之间所存在的利益冲突的基础上,综合评析我国公司法中涉及股东权利的各种法律制度,以期为我国司法实践中依法保护股东权
The company is the dominant form of business in modern society. No matter what kind of company, in its internal and external are intertwined with complex and diverse interests. Only by comprehensive and balanced analysis of each interest in the chain of interests can we have an accurate understanding of the various systems of company law. Our analysis of the protection of shareholders’ rights system can not be overemphasized. Based on the consideration of the conflicts of interest between the shareholders and other subjects, this article starts with a comprehensive review of various legal systems concerning the rights of shareholders in the Company Law of the People’s Republic of China, with a view to protecting shareholders’ rights according to law in the judicial practice of our country