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Research On Legal Protection To Stakeholder Of Enterprise Group

Posted on:2008-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:G Q NiFull Text:PDF
GTID:2166360242964629Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The enterprise group plays an important role in current economy, however, rules and regulations to enterprise group are unbalanced with its status. Even the new company law which is acclaimed by scholars as "the most advanced company law in the 21 century" does not mention it in a word. The author considers the company law should make a difference in the enterprise group. Learning from the advantages and disadvantages of the theory of organization and structure and the theory of mother and subsidiary company, we should define the concept of the enterprise group on the basic of the theory of unification management. Nowadays, the subordinate enterprise and minus shareholder are harmed by their control company, which make great importance in the development of the enterprise group. The author boldly relate the theory of stakeholder to the researching of the enterprise group, demonstrating the basic theory of protecting the subordinate enterprise and minus stakeholder, as well as the creditor of subordinate enterprise. And considering that the subordinate enterprise and minus stakeholder should be endowed the right of know the inside story and legal action , limiting the right of vote, as well as establishing the compensate mechanism of the creditor of subordinate enterprise.The enterprise group has been taken into practice for more than 20 years. The concept of enterprise group has been widely known. When we choose the mode of legislation, we should pay more attention to the facts and our traditional law culture. Comparing to the UK-US mode of affliated enterprise legislation ,I can see the bright future of enterprise group legislation.
Keywords/Search Tags:enterprise group, control enterprise, subordinate enterprise, the protection of the creditor
PDF Full Text Request
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