The Legal Control To The Insider Control Of The Public Company

The insider control is a common phenomenon in today' s company. Its power allocation seems have no deficiency and its system design has very positive meaning for the modern industrial innovation. However, in order to make the insider control system running in accordance with the purpose , we must carry out effective supervision and regulation, otherwise it will cause insider control . problems such as insider control seek their own interests by using their power, damaging the interests of company and other related subject. Along with the reform of our socialist market economic system is the deepening reform of state-owned enterprises. State-owned enterprises transformed into state-owned companies. Accordingly the corporate governance structure reform has become an important problem of our company. Theory Circle have had made a lot of research and put forward the solution concerning series of problems appeared in the China' s state-owned enterprise reform, which plays an important role in promoting the state-owned companies transformed toward standardization and institutionalization. However, causes of problems appeared in the process of state-owned enterprise company reform are very complicated, many of them has not been fundamentally solved. The author hopes to find out the sticking point of the insider control problem in China' s corporate governance from the aspect of law and economics. In combination with actual conditions in China and the experience of western developed countries for reference, the author puts forward suggestions for the legal regulation on China' s company insider control problem, in order to improve the further reform of corporate governance. This thesis composed of four parts except introduction and epilogue.Part one. The author summarized the problems of public company in China., then the authors introduces the definition, scope and status of insider control in China, and analyzed the causes of public company insider control.Part Two. Firstly, the author analyzed the hazards of insider control when its behavior is out of control and then points out the necessity of legal regulations on insider control.Part Three. The author discussed series theory about insider control in different corporate governance modes abroad and points out their significant reference to our country.Part Four. The author discussed the problem of insider control from perfecting the insider control legislation, internal legal regulation and external legal regulation . Finally, the author put forward her own opinion about legal liability and relief of insider control.