Discussion Of Insider Control And Related Legislation About Chinese Private Listed Companies

Three decades of Reform and Opening up,the private economy plays a more and more important role in Chinese economic system. The private enterprise almost be used to family-based management. But now, it has been in the development bottleneck. With the development and expansion of the private enterprise, it is so urgent to reform enterprise management mode. Especially when the private enterprise listed, our country law to construct the modern management mode with balances of shareholders' meeting, board of directors and the board of supervisors will encounter soil disaffected which causes insider control issues. To avoid insider control problem, it needs legislation on its to give compulsive and effective supervision and regulation. Otherwise it easy cause insiders use control their own interests to seek harm company and other related subject interests of the occurrence of insider control. Gome events is a case that a private listed enterprise for corporate governance structure imbalance sparked Gome company insider control caused the heavy loss of small and medium shareholders. The occur of Gome events are based on our traditional family-based management mode and soft management environment since its family shareholders and business environment are both in China. Therefore, we have reason to believe that thanks to the Gome events, it will have a positive significance in Chinese private listed's enterprise management modernization and the insider control legislation can also be promoted.After removing the preamble and epilogue,there are four chapters. In the first chapter, the overview of gome events is the key point.With the simple introdution of two events in Gome ,We can analysis that the imbalance of the governance structure in gome company caused insider control problems.In the second chapter is an overview of insider control. The meaning of insider control respectively, the formation mechanism and classification, leads to introduce to limit the insider control corporate governance mechanism of exposition. The third chapter is comprehensive analysis on insider control problems of the private listed companies in China,traced back to find the cause of insider control problem in private enterprises, and summarizes a variety of forms about some of China's private enterprise insider control. The fourth chapter are to spread insider control legislation of private listed companies in our country.Through the research of our country present stage private listed enterprise insider control, analyzes the legislation of our country's legislation deficiency, and proposes the corresponding legislative proposals.