Study On The Regulations Against Controlling Shareholders

Since the 90s of the 20th century, due to the increasing globalization of the world economy, corporate governance can not be ignored. Stock has become a modem enterprise system, the basic form, an investor only if satisfied that the interests of their own can be protected in the enterprise to an enterprise only after investment, therefore, competition among enterprises to some extent on the expression of corporate governance contest. The ownership structure of listed companies in China is unreasonable, common "Big Stock" phenomenon, the controlling shareholder in the enterprise to use their position of absolute superiority in the company of some institutions are often set up as decoration, difficult to play the role of supervision system, authoritarian decision-making manipulation of company operations, for personal gain, appropriate company and other shareholders, has seriously affected the stable development of enterprises, this phenomenon is especially prominent in the listed company. This is a level playing field in China's market economy and legal environment of the trampling damage, must be regulated. This article describes the urgent issues raised, with the gradual in-depth case study analysis method the controlling shareholder of Legal Regulation of the specific expression of four parts:Part I:Current situation of the controlling shareholder. Cases leads to companies with controlling shareholders in China use the current control of all acts motivated by personal interests, focusing on behavior classified as hollow, occupied behavior, three types of fraud, and typical cases were used to prove, put forward the reality of acts of controlling shareholders, and in cases based on the behavior of controlling shareholders and other common behavioral characteristics, reflecting the behavior of the controlling shareholder of the complexity and diversity, thus the following analysis on the opening direction.Part II:controlling shareholders conduct case analysis of relevant issues raised. This section is the main thesis, there are logical hierarchical analysis of the case and the first case emerged out of the controlling shareholder of behavior problems, and then extract the harm caused problems, then trace the root causes of harm, including internal governance, supervision system, capital market operations and other factors, along these lines from the legal point of view of the behavior of elements of the controlling shareholder of interpretation, the shareholders in the acquisition, shareholders, shareholder liability obligations and to find regulation of the legal basis and legal deficiencies, leads to the final legislation status, a comprehensive regulatory system controlling shareholders discussed the need to conduct feasibility.Part III:Regulation of behavior controlling shareholder system design. Through a case analysis on the regulation of scientific conduct of the controlling shareholder of system design, from the system, system,, a comprehensive reform of the formation of constraints, the reform that involved the shareholders will, the board of supervisors, board of directors, financial management system, government-enterprise and so on.