Study On Legal Regulations Of Improper Control Behavior Of Enterprise

The starting point of this dissertation is that affiliated enterprise group or enterprise group is formed by control or affiliation between enterprises, which have inevitability and rationality in actual economic life. There are two main conflicts of interest existed in an affiliated enterprise group or enterprise group. One of that is the conflict between the affiliated enterprise group or enterprise group's whole interest and the member enterprise's interest. The other is the conflict of interest between controlling enterprise and affiliated enterprise. But, no matter what conflict of interest it is, the controlling enterprise may cause the damage of the group or the enterprise with impunity through its dominant status, and make the affiliated enterprise as its instrument to figure for the largest benefit so as to damage the benefit of the shareholder of the affiliated enterprise, the creditor of the affiliated enterprise and some other interest-related parties. Such phenomenon is the common occurrence in domestic securities business and has become more and more fierce. Therefore, it is necessary to devise a systemic regulation system of law to reject the controlling enterprise' improper control behavior effectively. The main purpose of this dissertation is to attempt to construct a legal regulation system for the improper control behavior of controlling enterprise. The dissertation is made up of five chapters.Chapter â… . Survey of Controlling enterprise. Firstly, define "controlling enterprise" by parsing the concept, intension & extension and the discrimination between "controlling enterprise" and the related concepts. Secondly, analyze the...