Research On The Legal Problems Of Company 's Investment

Corporation investment behavior is the basic method of enterprise capital operation and profit maximization, is like a double-edged sword, on the one hand is to enhance the market competitiveness, expand the scale of enterprises and save the transaction cost function; on the other hand, it will produce capital inflated, the corporate governance structure imbalance and other potential hazards, damage of medium and small shareholders and creditorsinterest, disrupt the market order. The world of the reinvestment legislation attitude, strict limit stoeasing restrictions. China’s "company law" to keep pace with the times, follow the trend of the development of the company, according to our country’s actual situation, relaxation ofinvestment restrictions, which is a great progress in legislation, but also ignore the disadvantages of reinvestment system. Therefore, at the same time, how to eliminate theinvestment benefit in the standardization of enterprise’s investment behavior brings negative effect, active service for the social market economy is the "company law" for the target. Based on the definition of investment related concepts, advantages and disadvantages and combining with the provisions on investment related system at home and abroad, points out the defects of the legislation of our country, and put forward the improving suggestions. This paper consists of three parts:introduction, body, conclusion, and the body part discusses the following questions:the first part is the definition of the concept of investment,domestic and foreign research status of overall investment, illustrates the process ofinvestment by the strict restrictions gradually become loose. The second part is mainly on thebasic legal issues of investment and investment value analysis, including its shortcomings,and some related concepts of difference, only different understanding of these concepts, in order to further the understanding of investment theory. The third part mainly analyzeslegislation of investment system on China’s "company law" and the relevant norms ofinvestment system and the legislation of some imperfect places in investment behavior, as presented below, to improve China’s investment advice to pave the way for. The fourth partfurther discusses the corporation investment behavior and the system of one man company,combined with the related problems of the partnership, the need to improve the investmentsystem and the legal issues related to the coordination of views. The fifth part the authormainly put forward to perfect the Related Companies investment system, including the information disclosure system, disregard of corporate personality to violate the refinement,reinvestment legal responsibility, look forward to further perfect our reinvestment legislationsystem.