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Discussion on the Community Rights Theory

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Submitted By HarrietWang
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Discussion on the community rights theory of characteristics of stock ownership
Wang He
Law School of Fudan University Abstract::This article is based on the community rights theory which plays the dominant role in the contemporary academic debates about the nature of stock ownership, including the theory’s crucial points and ideas, its advantages as well as the disadvantages, then express the writer’s personal view about it.
Key words:stock ownership,community rights,independence,property,one man’s company

The stock ownership is used to definite shareholder’s a series of equities about the economic interests and operating management based on contribution to the investment. The Article IV in Corporate Law of china also regulate the shareholder’s rights. There are widespread debates and discussions about the characteristics of stock ownership for it’s significance to solve the problems with in the government-owned enterprise and the shared corporation, especially after the reformation in 1990s.The community rights theory holds most supporters, and it’s being taken as a popular theory.
General summary and superiority of community rights theory
This theory holds the view that the identity of community member in profit community is the fundamental prominent of shareholder’s rights, namely that shareholder’s rights is one of the community rights. The community rights theory was proposed by German scholar Renaud in 1875, and it divided into two main streams(single rights theory and the collective rights theory), acting as a significant academic theory in the continental legal system.
The nature of equity always links to the characteristics of corporation property rights. All the investors gather their capitals to form the corporation, thus consisting of corporation property rights, the shareholder gets equity according to their donating. The equity and the

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