On The Related Party Transactions In The Protection Of The Interests Of Creditors

Related party transactions in the company's system is developed to a certain extent, it will be there.It could facilitate the transactions quickly reached,save transaction's time and costs,and benefit both sides.However,related party transactions because of its natural characteristics,the two sides of the transaction with inequality must inevitably make the relatively weak position of the party to assume greater risks and greater costs,but also related to others' interest.This article in the discussion of the related party transactions,how the interests of the creditors are protected in the interests of their damage,how to be compensated as well as what kind of compensation.I intend to write the paper from the perspective of knowledge,through the "Company Law" of related party transactions for the conduct of research,as well as the relevance of the current foreign trade practices of some of the key measures to compare treatment and research,to draw relevant conclusions,and a variety of analysis and research findings with the feasibility,and try to find a program related to the related party transactions in directors,controlling shareholders from abusing their right to damage the interests of creditors,the conduct of a more clearly defined,so that we can give creditors of transactions effective protection.In addition to the introduction,this article is divided into three parts.On the first part of the basic problems of related party transactions includes the definition and classification of related party transactions,as well as the actual controller, stakeholders and so on.After the list of unfair related party transactions manifestations,it leads to importance of the protection of creditors in related party transactions.Partâ…¡from the perspective of comparative law,mainly introduced various countries and regions of the regulatory conduct of related party transactions and the protection of creditors,to highlight the common law countries,through the case to establish the system of lifting the corporate veil,the deep-rock doctrine,and mainland law countries,primarily through legislation to protect the interests of the creditors. Two legal systems and methods are different,so we could learn a lot from them.The third part is the focus of this article.The first description of related party transactions in China on the Protection of creditor's interests in the legislative history and legislative status quo,and then put forward from different angles on the way to protect the interests of creditors and systems.Mainly from the director of regulation and control of related acts of shareholders to proceed,and then from the perspective of the company continues to exist,respectively,to discuss the principle of piercing the corporate veil and the deep-rock doctrine in the protection of the significance of the interests of creditors.Then,introduced a number of other ways can be introduced into the system and improvement.Put forward the recommendations of shallow,and look forward to improve the relevance of our trading system to protect the interests of creditors.