On Legal Regulation System Of Cognate Trade Of Listed Company Of China

In recent years, the cognate trade of listed company of our country shows a tendency to rise year by year. It is just like a "double-edged sword". On one hand, it can economize the transaction cost and strengthen the cooperation among enterprises, with optimizing inside resource distribution and the regulation of enterprise's capital and promoting the appropriate scale of operation of enterprise, on the other hand, it is "evil" with the big shareholders of the listed company seeking the improper personal or small collective interests through twisting the terms of trade .It causes the improper cognate trade and endangers the management of the listed company , the legitimate rights and interests of the minority stock holder and other rights and interests. It also damages the order of market economy. Weighing the advantages and disadvantages, cognate trade is unavoidable at present, so we should carry on strict supervision to the cognate trade of the listed company to regulate cognate trade of the listed company using such laws as Company law, Securities Law, Tax Law, etc. And our country law has some problems that a service level is lower to regulate cognate trade at present and the authoritativeness is not high. There are blanks and place deficient and is limited of adjusting range.On the basis of fully investigating and analysing the cognate trade current situation of listed company of our country and origin cause of formation, this text has expounded the general theory of the legal regulation of cognate trade. Using legislative experience of western countries' cognate trade and relevant system design for reference, this text puts forward the suggestion of perfecting the legal regulation to the cognate trade of our country's "Company Law", "Securities Law" ,"Tax Law" to expect to set up practice of the legal system of cognate trade of the system to our country beneficially. This text divides five chapters to describe: Chapter one, a summary of the cognate trade of listed company, has defined clearly the concept of cognate trade, cognate people, the legal characteristic of the cognate trade of listed company and value analysis that the system has been explained, then draws the conclusion of the pros and cons dual character of the cognate trade.It is investigated and analysed in chapter two about the real example to the cognate trade of listed company of our country, analyse in depth current situation, forms of expression and origin cause of formation that the cognate trade of listed company of our country grows in intensity.Chapter three described the company regulation system of the cognate trade of listed company of our country. The legislation current situation of the company law to the cognate trade of our country has been analysed at first. This passage has pointed out the defect and deficiency among them. Secondly, this passage makes the question after probing into the company regulation. Thirdly, main legal protection measures of a few company shareholders in the cognate trade have been discussed afterwards or before engaged inning. Finally, combining Lifting The Veil Of The Corporation Principle and Deep Rock Doctrine, this passage dicusses protecting cognate trade interests issue of creditors of Company.Chapter four explained the securities regulation system of the cognate trade of listed company of our country. At first Legislation current situation in cognate Securities Law of transaction in our country has been analyzed. This passge then points out the defect and deficiency among them, and puts forward the concrete suggestion made of the regulation of securities of our country of perfecting at the same time.Chapter five probes into the tax regulation system of the cognate trade of listed company in our country. Using the legislative experience of tax law of western countries' cognate trade for reference, this passge then puts forward the concrete measures made of the regulation of taxes.