Legislative Regulation Of Company Reinvestment

Corporate re-investment as a fundamental means for capital operation and profit maximization, it is like a"double-edged sword". The legislative attitudes of countries to the corporate re-investment system, have mostly followed from strict restriction to relaxation. The newly revised corporation law of our country has abolished the strict restriction to corporate re-investment. It is the great progress of corporate legislation and complies with the trend of corporate development. But some insufficients still exist in the regulation of re-investment system. Therefore, it's meaningful in both theory and practice to continue research the corporate re-investment system.The thesis mainly applies methods of comparative analysis and logical analysis. On the basis of drawing lessons from legislative models of other countries and regions about re-investment, it analyzes and reviews the regulation of re-investment system in our corporation law, and tries to construct the ideas and relevant systems of legal regulation of corporate re-investment.The thesis is made up of three parts: foreword, text and conclusion. Among them, the concrete structure of the text is:The first chapter summaries the legal intension of corporate re-investment, including the basic meaning of re-investment, economic necessity and legal questions it initiates.The second chapter introduces systematically the legislative models of other countries and regions about corporate re-investment and summarizes their populative characteristics, attempts to offer the lessons that can be referenced for our legal regulation of corporate re-investment.The third chapter is a rational reflection on the model of strict restriction to re-investment in the old corporation law. The chapter puts forth effort to analyze from respects, such as it's legislative background, thought origin, theoretical foundation, negative consequence, etc. Thus proves it's irrationality.The fourth chapter recommends the modification of re-investment system in the new corporation law, and analyzes it's legislative progress and existing limitation.The fifth chapter lays particular emphasis on the discussion and studying in theory. In this chapter, the writer imagine the value orientation and mode selection about the legal regulation of corporate re-investment. Then, directing against the limitation of re-investment system in the new corporation law, the writer discuss how to improve the prevention and cure measure of risk caused in re-investment. On the basis of drawing lessons from the legislative models of other countries and regions, the writer attempts to find the suitable method and related mechanism that our country regulates re-investment.