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随着我国公司化进程的不断深入,公司的规模不断扩大,公司控制股东违反诚信义务的现象越来越引起人们的关注。控制股东通过持有公司多数股份获得对公司经营决策的强大影响力并以此来实现、扩大自己的利益,有时这种利益是与公司利益及其他中小股东的利益相悖的。如何防止控制股东滥用其控制权,成为公司治理与公司法领域的一个重要课题。本文为此进行了一些探讨,期望能对此问题的进一步研究有所帮助。
With the deepening of the process of corporatization in our country, the scale of the company is constantly expanding. The phenomenon that the company controls its shareholders in breaching the obligation of good faith has drawn more and more attention. The controlling shareholder gains the powerful influence on the company’s business decision-making by acquiring the majority shares of the company and thus realizes its own interests. At times, such interests are contrary to the interests of the company and the interests of other small and medium-sized shareholders. How to prevent the controlling shareholders from abusing their control rights has become an important issue in the field of corporate governance and corporate law. This article has carried on some discussion to this end, hope can further research this question to be helpful.