Research On The Protection Legal System Of Stakeholders In Affiliated Companies Of Contract

With the implement of modern enterprise system and the development of capital market in China, affiliated companies have been a more and more important economic and legal phenomenon in modern economy. Because of the enterprise agreement among companies in commerce law legal system, resulting in a large number of related corporations, the diversified and complex structure in company, and the relations changed in stakeholders and corporate creditors. The development of affiliated companies, bringing to many difficult issues in traditional commerce law legal system. Vying various arrangements and relationship among affiliated companies, controlling status of the control enterprise, abusing subordinate's independent personality, damage to subordinate enterprise and their minority shareholders and creditors. The rights and obligations of the relationship established in traditional commerce law legal system has been imbalance, which requires a new legal system for modern affiliated companies, makes sure the rights and obligations achieve to a new balance in interests.Rules on affiliated companies in Chinese commercial law are too principle to solve the legal issues in judicial practice, the traditional rules are no longer suited to the needs of modern economic development. Therefore, we should establish and improve the legal liability system among affiliated companies in Chinese commercial law. We research on the different legislation of common law system and the civil law system, including fiduciary duty, deep-rock doctrine, fiduciary duties of the controlling companies , shareholder's derivative litigation , countervail forbiddance of the common law system, information disclosure system, classified shareholder voting system of the civil law system and so on. And finally construct a rigorous legal system of affiliated traction liability.