Research On Legal Supervision Of China 's Agreement Control Mode

In recent years, Internet and other new businesses have sprung up, and in the beginning they are mostly small and medium enterprises. They are Lack financial support,and it is difficult to obtain bank loans and government support policies. Since SINA Company through the use of contractual control mode listed on the United States in 2000,more and more enterprises uses the contractual control mode overseas listing, in order to avoid access to the national industrial policy, the Ministry of Commerce as well as the Commission’s approval. Contractual control mode becomes one of the main mode of overseas listing. In 2011, the "AliPay incident" exposed the contractual control mode with many irregularities, so that this mode which had no legal regulation caused widespread concern in the society. The government has gradually realized it is necessary to strengthen supervision, and the Ministry of Commerce announced the "People’s Republic of China foreign investment law(draft) on January 19, 2015. The law clearly defines the regulatory to contractual control mode in the form of legal provisions. Although this law has not been implemented, it also shows that counties have incorporated it into law and regulatory trend.Publication of this law is major challenge to enterprises using the contractual control model, so many enterprises are facing violation of the law of embarrassment. This attracted the attention of domestic and foreign investments once again, and it had a heated discussion in the society.This paper, firstly, introduces the background and significance of Chinese Enterprises using contractual control mode to achieve indirect overseas listing, leading to how to strengthen supervision to the contractual control mode. Besides, this paper describes the current situation of academic papers, books relating to the research scholars, article structure and the main innovation. Secondly, analyzes the problem. Analyzes the legal relationship in contractual control, analyzes legal issues, Such as, breaching contractual control, conflicting with the existing legal and regulatory. Distinguish the boundaries of areas of national regulation and private autonomy. Thirdly, describes the various periods in different attitudes of our government and legal regulatory conditions, in order to analyze its legal effect, especially analyze the draft regulation enacted in 2015 to contractual control mode legal effect and evaluation; Finally, analyze how to strengthen the supervision to the contractual control mode.In this paper, the main problem is how to strengthen the supervision of the contractual control mode, and discuss issues around this. Discussing control contracts originallybelonging to the field of contract autonomous, why do we want to strengthen supervision,and how to strengthen supervision to better regulate the behavior of contractual control mode. Strengthening supervision to contractual control mode Promotes its healthy and rapid sustainable development, and promoting the socialist market economy healthy and orderly operation under the supervision of the national macro-control.