| There are different opinions on the legal validity of the term of adjustment valuation mechanism.This doctoral dissertation will study thelegal validity of the term of adjustment valuation mechanism to settle the dispute.This dissertation also analyses the special feature,the theory and the term of the AVM.It can be concluded that the need of money and the liberty of contract result in the AVM.The dissertation studies the classic case of AVM in the Mainland to conclude the legal native of AVM.The reason that the term of adjustment valuation mechanism is legal is the term to be in conformity with the principle of fairness.But the reason of the illegal opinion is the term against the company of law.So the dissertation is study the different reasons of the two opposite opinions.Then the dissertation advices to construct the legal system about the term of AVMfrom three aspects.The first aspect is to analyzed the shortage and put forward some suggestions on how toconsum mate the supervising system of AVM.The secondaspect is Improve the regulatory laws and regulations,especially the contract law the Company law,the Securities Act.The third aspect is to pay more attention to improvement of judicial principles to protect the legitimate rights and interests of investors. |
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