The Gauge Makes The Business Being Connected And Their Law

The abstract connection enterprise is refers for achieves the certain economical goal but between enterprise's union which forms through the specific method. Our country is connected the transaction enterprise starting is the China reform and open policy result, and but unceasingly expands along with the economic society development. The connection enterprise's existence has its inevitability and the enthusiasm, it may promote the company to manage, reduces the transaction cost, maximum limit realization company or group overall strategic target. But, not right is connected the transaction also to have its negative influence, for example, between connection side contrary shift resources, violates "three male principles" namely to be fair, fairly, the public market competition principle, the overall benefit and the shareholder rights and interests creates the harm for the company.Carries out the government by law construction along with our country, the connection transaction is read in the legal laws and regulations, but was not still perfect to its implication limits and its the legal rules and regulations, has many legal blanks, down to was unable in the solid service to solve the connection transaction related problem, actual operational difference. Regarding this, was new "Company Law" to give the certain rules and regulations, has been clear about the connection relations concept for the first time and expanded the legal adjustment scope, had stipulated was connected the shareholder, trustee's right to vote removes the system, has established the independent trustee system, was connected the shareholder, the trustee damage compensate system and it's the shareholder represents lawsuit system and so on, has consummated the correlation legislation in the certain degree, had the profound practical significance, but compared with overseas and our country Taiwan area correlation legislation, still had the very big disparity.This article introduced overseas and other areas to are connected the transaction the limits and the legal rules and regulations, mainly is "Germany Joint-stock company Law", "American Company Law" and "Taiwan Company Law" and so on. Through the comparison research, this article had pointed out our country company law exists the insufficiency and the flaw, should profit from overseas and other local correlations advanced legislation experiences performs to consummate, for instance the establishment key connection transaction information discloses the system, consummates to is connected the transaction the surveillance system, fully displays the board of supervisors and the independent trustee's function, the display facilitating agency surveillance function, strengthens autonomy mechanism construction and so on. While consummates the connection transaction law rules and regulations, also further advances our country government by law advancement.