Related Party Transactions Status And Regulation Of Listed Companies

Commercial transaction within affiliated enterprise is a common phenomenon in the company listed in the stock market and need to be regulated. This transaction, on the one hand, by reducing the cost of business,optimizing resource collocation,maximizing the profit, can intensify the company's power of competition. But on the other hand, because it happens between two sides that have affiliated relationship, one side may control or affect the other's decision or action by this relationship, it could make inequality between these two sides and make the transaction unfair. Sometimes, it even becomes a tool of aggrieving other's legal rights and evading the punishment of law.Along with the development of our country's securities business and company system, these unfair Commercial transactions within affiliated enterprise cause a lot of serious problems. Therefore, how to regularize these transactions and how to protect the rights of the creditors or shareholders of these affiliated enterprises become a problem should be solved immediately and the purpose of this paper.There are five chapters in this paper.Chapter one is prolegomena. It expounds the purpose,aim and researching methods of this paper.Chapter two is a description of commercial transaction within affiliated enterprise. It introduces the definition and some conception of commercial transaction within affiliated enterprise in our country's 《guide line of enterprise accounting》, and on the base of this Introduction, explain what parts of the process in producing and management could make commercial transaction within affiliated enterprise and the request of 《guide line of enterprise accounting》concerning with the exposure of commercial transaction within affiliated enterprise. Through all these, this chapter hopes to form an opinion of what is and how to judge commercial transaction within affiliated enterprise, and understand the request and essentiality of exposing commercial transaction within affiliated enterprise. In other words, this chapter is a foundation of the later research.Chapter three researches the statue quo of commercial transaction within affiliated enterprise. Combining with the facts of companies in our country and some typical cases , it researches the characters of present market,general form,decision and causation of transaction price of commercial transaction within affiliated enterprise. By these researches, it helps to make readers understand the styles and consequence of general commercial transaction within affiliated enterprise.Chapter four is an analysis of commercial transaction within affiliated enterprise. First, it analyses the causation from the lay of system, and then, it analyses the motivation form the lay of enterprise, finally, through these analysis, it indicates the harm of commercial transaction within affiliated enterprise.Chapter five try to find some methods of regularizing commercial transaction within affiliated enterprise. First, it analyses the shortage of the present guideline, and then, expounds some legal principles about commercial transaction within affiliated enterprise that used in developed country such as America or Britain. On the foundation, it brings forward some thoughts of regularizing commercial transaction within affiliated enterprise.In the process of writing this paper, there were many datum be referred. In general, these datum analyzes commercial transaction within affiliated enterprise form only one or two aspects, and bring forward regularizing methods about these aspects. On the foundation of integrating these data, this paper, starting with the definition and bydescribing the actualities, detailed analyzing the causation and harm of commercial transaction within affiliated enterprise from many aspects, and then, brings forward the regularizing methods. At present, on contrast with so many opinions about commercial transaction within affiliated enterprise that focus on how to prevent affiliated enterprise from aggrieving the rights...