Research On Corporate Control

Discussions on the core areas of philosophy of law in the sector are indispensable ,it is a method of jurisprudence on the sector on the basis of theoretical guidance, but also sectoral laws to regulate on the basis of standard objects. Regulated by company law in the legal object, I think that corporate control is to examine the core areas of corporate system, Chinese scholars on the Law of Law focuses on corporate behavior, but lack the properties of the company's core areas of concern. The introduction of this article describes some of the major reasons for writing, and is based on the special situation of Chinese enterprises to make the following limited: 1, excluding public power, mainly because China still exists as to the power and enterprise, and the phenomenon of access to business opportunities; commercial organizations in the control of the company, he called a free market, business is business activity conducted, in the same time, it also means that, in a commercial system, the business process of looking for corporate control, it is not a fixed , static things being discussed. the law as the subject of corporate control study, control over the company in many disciplines to define and discuss, although they have a reference to this article, but the purpose of better analysis from a legal point of control of the company.In the first part of this article, I focused on how to define control and control of the company, it can be divided into two processes, the first process, I mainly discuss the current invisibility of corporate control issues. Within the company, complex ownership structure, family ownership and foreign investment agreements were to secretly manipulate the company's situation abound. Outside in the company, offshore company controlled by state law to provide a better hidden external security,as the company controlled by Swiss banks. Almost all offshore jurisdictions have expressly provides: information on the company's shareholders, equity ratio, earnings, etc., have the right to confidentiality. The second discussion of the process aimed at the first part focuses on how to better define the company's control, so that legal regulation can be more meaningful. Reference countries in the provisions on the control of the Company, and part of our accounting standards based on, I passed into the control of the general control and special control mode,Control of the company was finally defined as: companies in the company's daily management or command capacity, and by the form of equity share or agreement, by virtue of their desire to change the company's decision-making.In the definition of control based on the second part of this article focuses on control of the company's property. The rights of corporate control characteristics include the following: first, for companies, companies with established control problems caused by the day, the company established the first problem encountered is to determine control of the company; second, control rights in the company at the heart of many;finally, the corporate control of an important role in the control of corporate wealth, from all kinds of sense, it is a property right. However, what we can not ignore is this: control of the property also has the power, not just the law of the target company, in essence, it is an important form of social organization, which led the company to break away from the core concept of Organizational Sociology– Power. Here, I quoted Coase on the nature of the business discussion, analysis of this control feature. For the control of the Company, for its nature and power of the right has been inextricably linked, not only in legislation, in reality, there are typical cases to illustrate this point. Here, I quote the Chinese capital market has emerged as a typical case, Shandong Shengli Co., Ltd. (hereinafter referred to win shares) stake in the case of contention, in order to achieve control of the company's objective of two properties.As I said earlier, the company has the right to control and power of the double property,any one of them related to the company's survival,derived from the company by their right to vote, property rights and the power of the command's full of modern corporate system. However, the only reasonable that the superposition of the two can not of course be the reasons for control of legal norms, but can not be under control so important in contemporary reasons. Therefore in the third part, I focused on the root causes of the abuse of corporate control, namely, the dual property of the company control the negative effects. Power or right, whether there is the possibility of abuse, and personal interests and interests of the company's dual existence is to increase the possibility of such abuse On this basis, I would like to set up through the company's internal power structure and legal for the reasonable control of the obligations corresponding to the increase to achieve this purpose, The significance of this argument is clearly not the matter-of-law to regulate, but also know why they should know these considerations from the systemic solution to the problem.Finally, I need to explain that: This study is not so much on corporate control issues for a discussion, as it is of an attempt on the core areas of research study,and then hope to find a fundamental solution to the problem of some legislative research methods. Discussion in this paper, I mainly study how to find the core areas of the property, and argues that property and he may bring inspiration to the law and has been or will cause trouble,rather than come to some kind of concrete results.