But the creditor抯 beneficial risk will be increased obviously Thetransformation between the both still fiices some law problems ,fhis papertherefore analyzes them, from the angle of equal principle ,coinpany law,commercial bank law and guarantee law.
On one hand, this article proves the requirement of this system by Chinese social objective conditions. The conditions contain the impartial competition of market main bodies, the equal protection of the parties, the systematism of right relief and the internationalization of bankrupt legislation.
In part three, we discuss the law bases of the minority protection and theoretical foundation. The difference between shareholder equal principle and pro rata principle and its relation to minority protection are clarified.
The active legislations was designed for promoting efficiency, improving the company management structure, optimizing the configuration of resource, but it is also the sacred mission of law to safeguard equal and justice and protect the weak.
In this article, it is the author’s opinion that in the information-exploded and globalized modern society full of competitions, information and opportunity are critical to the development of a company. For a company, obtaining the business opportunity is equal to holding tight of its fortune.
But this is equal to return their investment in fact,and will cause the lack of corporation assert,reduce the repayment ability of corporation,so it is necessary to limit the appraisal rights of shareholders.