Research On Legal Regulation Of Related Party Transactions

Companies associated with the transaction is very naturally produced in the process of development of market economy. It is the original power of some companies in China’s rapidly rising. Of course, some companies for the associatied transaction embarked on a road of no return and ruinned their future,too. As is known to all, related transaction is a double-edged sword. On the one hand, it can save transaction cost between the company, improve the utilization rate of company resources, speed up the company’s operating efficiency, achieve the maximization of economic benefits, improve the company’s market competitiveness, help to achieve to company’s overall strategic objectives. But on the other hand, if companies associated with the transaction was linked to use as the damage to the company, medium and small shareholders and creditors tool. It will bring great destruction to the company, dampen investor confidence, break the principle of fair competition in market economy,destroy the normal economic order in the market, against the national tax and result in profound negative influence to our country’s market economy development. Therefore, carries on the legal rules and regulations appropriate to the affiliated transaction is very necessary. We should play a positive role of unfair related transactions, curb unfair affiliated transactions generated and then promote the sustained, stable, healthy development of the socialist market economy.This paper take the regulated company affiliated transactions as the main line. I used the historical analysis, comparative analysis, normative analysis and other research methods. After the basic definition of related concepts in the related transactions, it specifically elaborated the present situation of our country’s companies associated with the transaction and the existing problems. On the basis of the experience of foreign relevant legislation experience and the design of the system, it puts forward related suggestions to perfect our company of related transactions.The specific structure of the article is as follows: this paper is divided into four parts. The first part from the related concept of affiliated transaction defined the concept of related persons and transactions. This paper analyzes the harm of unfair affiliated transactions on the basis of introducing the types of related party transactions; The second part combed the related transactions of the company regulations of China’s relevant laws and regulations, introduced the present situation of related party transactions of the corporations in our country and pointed out its shortcomings; The third part introduced the relevant circumstancesis about the foreign countries and regions in order to find the suitable for our country’s legislation experience and system design reference; The fourth part is the related suggestions on the improvement of the legal regulation of related transaction of our company from the general principle, prevention and relief and the internal supervision and external supervision of companies in order to perfect the related transactions of Chinese companies to provide beneficial reference.Through the research on the legal regulation of affiliated transaction, I have a more in-depth understanding and learning about the present situation and deficiency related transactions of regulated company in China. The domestic scholars and experts for companies associated with the transaction have proposed legal regulation measures and methods. In reference of foreign related system and the beneficial experience, I further put forward legal system and measures related transactions in China the company refined the regulation of the opinions and suggestions in order to improve our service in the legal regulation of affiliated transactions in our company.