A Taxonomy of the Restrictions on the Shareholders' Right of Flaw Contribution:Regulation,Interpretation and Demonstration

Though the rights possessed by shareholders are based on their identity as a shareholder,a mere possession of shareholder status can not immediately result in the entire shareholder's rights.For instance,when a shareholder flawed at his/her capital contribution to the corporation,then certain rights will be limited,and this kind of limitation is reasonable.Generally speaking,share rights performed in accordance with its proportion are more related with issues like capital contribution and shareholders' interests compared with non-proportional shareholder's rights.Under the circumstance that a shareholder violates the duties to the corporate,a corresponding limitation on his proportional shareholder's rights shall be considered reasonable in system,legitimate in judicial theory and feasible in practice.Thus,to those who flawed at his/her contributions to the corporation,the performing of proportional shareholder's rights shall be limited according to the practical flawed contribution.In principle,the rights to be executed by shareholders shall be in respond to his/her actual contributions to the corporation.Comparatively,non-proportion shareholder's rights shall not be limited but be performed comprehensively.This is the establishment of general criteria of restrictions on rights possessed by its shareholders who flawed at contributions to the corporation.As to the specific rights of shareholders,it needs to be particularly analyzed in terms of how to limit their rights and the way to achieve that aim,all of which need to be further all-sided discussed.