Related Party Transactions Of Listed Companies And Their Legal Regulation,

The related transaction, is namely the bargain between persons of connection.As a special phenomenon of market economy, it lies in all countries broadly , the listed company of China is original state-owned enterprise or a part of it. Therefore the related transaction is also inevitably to be existing in our country's market competition activity .The related transaction is a detached concept, it is not an independent market economic trade.nor an illegal inside trade. To the business enterprise ,fair and reasonable related transaction lowers the bargain cost, expands the profit capacity, extension businass scale can actively promote market function, but unfair related transaction will lead to many problems.and obstruct the market economy normal development,which is serious in the listed company. The listed company makes use of the unfair related transaction to manipulate the profits, cheating the various investors, violating the interests of the small and medium shareholder and the creditor frequently.Thereore, as to related transaction , we can't forbid completely, nor afford to ignore.Our country's laws and regulations concerning related transaction can be found in tax law;then the State Council issued the Stock Releasing and Bargains Management Temporary Regulation and a series of relevant regulation that the Chinese stock supervision committee issues the approved shanghai and shenzhen the Stock Listing Market Rule constitute to our country's the listed company connection trade system which will be under stock supervision, but they basically concentrated in information disclosure,which is not perfect and lack of operationality.As the stock market fundamental law,Security Law regulate related transaction ,at the same time, current Company Law also has a few principle provision only to the rules of connection trade, and is hard to satisfy real life needs.According to the above-mentioned reality and the legislation conditions, the writer chooses the listed company related transaction and its regulation,combining Company Law and Security Law two angles to carry on the study and analysis, It is...