Listing Of The Main Conflicts Of Interest In The Company Acquired And Legal Regulation

The purchase of corporation is an action of securities exchange, the aim is to control the power of management of other corporations. As a mechanism of ownership exchange, it accompany with the raise of oint-stock company, and develppe along with the progress and expand of earity-company. Perfect the mechanism of purchase of company is profitable to the deration of in dustrial structure, lead to the good allotion of the matorial , all of these contribute to the prosperous of market company of our country. But, the purchase of company differ from the act of scurities -exchange, it can lead to the change of stock-strucfure of target company and have counter-purchase conflict in the same time. In the course of purchase, it have a great impact on the advantage purchase-company target-company and stocher. How to cope with these kinds of advantage conflict and embody the principle of efficiency and fairness, these are important to the perfect the mechanism of company purchase. The paper analyse these onflict between purchase company and the stocker of target company the big stocker and the small stocker of target-company, the inside buyer and stocker of the purchase company, the inside seller and stocker of target-company, the writer present a vieupoint of protecting the advantage of the medium and small invester and have a thought on the relevant legislation of our country. In addition, the writer bring forth some vieupoints with a hope that perfect the legislation of our country.The paper can divide into four parts besides the introducetion and the result:Part I :The advantage conflict and legislation limit between the urchaser and the stocker of target-company. First, the writer aralyse the form of cause of them and the important of protecting stockers of he target-company. In the same time, the writer research the legislation of other countries, analyse the shortage of the Scurities-Law of our country . Expand that we should perfect the legislation and impose. Some obligations on inrester and target company. It can better the legislation.Part II : Expand on the advantage conflict and legislation limt between the big stocker and the small stocker. First, the part analyse the form and cause of theadvantage conflict of them, the importance is imposed on the cause of the damage of small stocker and the importance of rotecting them. In addition, the writer research the legislation of other countries, bring forth a viewpoint that the mechanism of compulsory purchase, the immanity of impulsory claim, the purchase of permiting claim have flaw of themselues, especially the writer present some concrete supposition about the Scurities -law of our country.PartHI: In this part, the writer expand on the advantage conflict and legislation limit between the manager inside the company and the stocker, though the research of them, the writer present the importance of protecting the stocker. In the meanwhile, I analyse the origion egislation have a great impanct on them. Along with the decerteralization of the joint-stock company, the flaw is raised. The writer bring forth viewpoints that perfecting the mechanism of executiue of company, stregthen the principle of honesties and trustness of the executive manager; attract the structural invester, start the expect right of the stock, the four active factors can lead to a good legislation.Part IV: In this part, the writer explain the advantage conflict and legislation regulation between the manager inside the company and stocker. Firstly, analyses the cause of them and the importance of protecting the stocker. Secondly the writer give some suppositions, we can better our legislation through the formalize the mechanism counter-purchase and strengthen the supervision principle in the course of the purchasing.