Research On Legal Regulation Of Control Rights Of Listed Companies

Corporate control right is a kind of right refers to the right of existence ofcompany, company about state control of core resources. Control of the company’shigh-profile upper and jumped to the theory and practice of focusing darling, becauseof its success and failure often determines the property ownership or right and the fateof the company. Researchers from the multi-disciplinary, multi dimension, trying toreveal the mysterious veil of corporate control rights and the accurate positioning andto manage; practitioners is more directly, or through a variety of ways to participate inor influence the actual operation of corporate control rights--covet, contention,trading, abuse of power is extreme have occurrence. In fact, the "control"understanding, not limited to the controlling shareholder of the listing Corporation’scontrol, including the controlling shareholder of the small and medium shareholderscontrol--legal or non legal aspect, therefore, the coordination problem arises conflictbetween controlling shareholders and small shareholders and conflict. In recent years,our company’s controlling shareholder use their controlling position, it is often seen.Infringe upon the legitimate rights and interests of small shareholders, China’s"company law" is not the illegal acts of the shareholders and directors should bear thelegal responsibility to make specific provisions, the legitimate rights and interests ofsmall shareholders can not be guaranteed. In order to change this situation,supplement and perfect the company law on the legal regulation of corporate controlright have been imminent. The article is divided into four parts, the author through thestudy of Gome listing Corporation fighting for control rights case, summarizes thestatus quo of China’s listing Corporation control, further puts forward some problemsexist in our country the right to control the listing Corporation. Through the researchon domestic and foreign scholars on the definition of listing Corporation control,combined with the actual situation of China listing Corporation control rights disputes,the definition of listing Corporation control. Comparison of the advantages and disadvantages of the dispute mechanism of Anglo American legal system andcontinental listing Corporation control right to exist, with the disputes in the problemsof China’s listing Corporation control, put forward the scientific, reasonable solutionsto legal advice in Chinese listing Corporation control the dispute to solve the dispute,listing Corporation control the problem in the new period, and provide a newperspective and ideas and improve the legal regulation of China’s listing Corporationcontrol.