The Legal Status Of The Enterprise Group And Its Internal Regulation

Enterprise group is a complex combination of the modern enterprise. With the fast development of economy, a great many of enterprise groups emerge, meanwhile lots of legal problems come into being. The main problems are the abuse of the holding power of key enterprises and the infringement of interests belonging to subordinate companies with its shareholders and creditors. The backwardness of China legal system and the deviations in judgment on the basic legal problems of enterprise groups in traditional theory cause confusions in theory and practice. So these problems can not be solved effectively.In the writer' opinion, the key is to clarify these basic legal problems and clear whether enterprise groups have legal status. And then the problem of internal standardization of enterprise groups will be solved.Beginning with the concept and legal explanation and analysis, the article clarifies the concept, legal form and legal characteristics and further expound that enterprise groups should have legal status. At last, the article puts forward the idea of the solution on problems in practice.There are three chapters in all and the main content of every chapter is following:Chapter I is about the legal explanation and analysis of the concept of enterprise groups. The content is divided into four parts. The first part is to expound the concept of enterprise group. Here former definitions about enterprise groups are summarized into 3 kinds-the theory of structure, the theory of parent and subsidiary companies and the theory of centralized management. And then the writer refines its concept: Enterprise group has individual legal status and is centralized managed by governing enterprise, shaping the relationship of domination and subordination in enterprise combination. The second part is about the legal form and introduces it in international and domestic aspects. The three part is to summarize the basic legal features. The last part is the establishment of enterprise groupChapter II is to expound the problem of enterprise groups. Whether enterprise group has legal status? In former theory circle, enterprise group is not artificial person and has not legal status. Analyzing it in civil law and the system of artificial person, the writer thinks that enterprise group is engaged in external civil activities in the name of itself, so it is a civil body in form and should be entrusted to the due legal status because of the need of the practice.Chapter III is to solve these problems. In view of these problems in practice, this part is toput forward that our law should standardize internal relationship of enterprise group. First, expound the reason of standardization. Because of different interests in enterprise group and problems in practice, standardization is imperative. Second, internally standardize enterprise group in 3 aspect: I. entrust the duty of honest and credit to key enterprises; II. legally standardize the relationship of parent and subsidiary companies; III. give special protection to subordinate companies with its shareholders and creditors.