Studying On The Current Situation And Amending And Perfecting Of The Legal Regulation About Connected Transaction Of Listing Company In China

Connected transactions are existing widely under market economy. It has both advantageous side and disadvantageous side. It has become a project that how to regulate its disadvantageous side, restrain unfair connected transactions, avoid damage to the minority shareholders, creditors and other stakeholders'benefits caused by the controlling shareholders'and especially listing company controlling shareholders'abuse of their preponderant position through connected transactions, maintain the fair and honest order of market transactions. This paper studies both the basic concepts and legal features of connected transaction of listing company,studies the current situation and features of connected transactions of listing company in our country, analysis the existing problems of current legal regulations to the connected transaction of listing companies in our country by studying each relevant department law, and brings some considerations and suggestions about improving and perfecting legal regulations to the connected transaction of listing company by using the advanced experiences from developed countries. This paper is divided into four big parts. The first part is the legal definition of connected transaction of listing company. This part is divided into three small parts which are about concept of connected transaction of listing company,concept of connected party of listing company and legal features of connected transaction of listing company. The second part discusses on the status of listing company connected transaction in our country and the necessity of the legal regulations on connected transaction of listing company. The third part is an analysis on status quo of the legal regulations of listing company connected transaction in our country. It is divided into three small parts which discusses on the establishment of the legal regulation system of the listing company connected transaction in our country, the status quo and existing problems of regulations under the Corporation law, the status quo and existing problems of regulations under the Security law and other security regulations. The fourth part is on considerations about perfecting legal regulations to the connected transaction of listing company in our country. It puts forward some thoughts and suggestions from five sides which are regulation principles, coordinating each regulation and amending deficient condition that the legal level of the important relevant regulations is too low, improving and perfecting the relief mechanism, defining reasonably the standard of judging the importance of listing company connected transaction, and keeping on improving and perfecting the information disclosure system.