Talk About Justice Of The State-owned Enterprises Holistic Listing Transactions

This paper mainly discusses the fairness problem of holistic listing of the State-owned enterprises. It clarified holistic listing of the State-owned enterprises is the most important ways and means to achieve a market-oriented reform of state-owned enterprises, it have its fairly, reasonable & important meaning. But holistic listing of the State-owned enterprises is the related party transactions, the unfair trade is easy to happen as the other related party transactions. In fact, the listed unfair related party transactions often happen, with large-scale, multi-form and complicated content. Combining the working experience, the author analyses the the causes and consequences of hazards based on the analysis of the unfair phenomenon from the aspect of law. This paper point out that holistic listing of the State-owned enterprises was born in a short time, with theoretical proving inadequate and the relevant legislative and the imperfect of regulatory system, with the real unfairness of the status of holistic listing of the parties in the transaction, and also the remaining "bureaucratic culture" in state-owned enterprises, so the unfair phenomenon is unavoidable. And the appearance of the unfair phenomenon of holistic listing of the State-owned enterprises ruins the trading principle of impartiality, open, justness and also the principle of honesty and credibility, moreover, it damaged the interests of small shareholders and the interests of shareholders of state-owned enterprises, and violate the order of the securities market, block the reform of state-owned enterprises progress. On this basis, the paper advocated measures must be taken to strengthen and improve holistic listing of the State-owned enterprises. Though there was no time to increase the "Company Law", "Securities Act" relevant content circumstances, as far as possible, increase holistic listing of the State-owned enterprises on the government legislation, regulatory sectoral legislation, industrial regulations legislation. In allusion to the characteristics of the related party transactions of holistic listing of the State-owned enterprises, the practical administrative rules and regulations, which should be made in the aspects of the regulation of impartial pricing procedures, the strengthen of the extent of supervision, the taking of the unfair associated trade responsibilitie's ensurement and law relief measures, could be implemented by the listed parties for trade, so that holistic listing of the State-owned enterprises have the law to abide by to achieve the purposes for a fair law and equal market.