Mutual Holding Legal Study

Corporate phenomenon is the Cross-shareholding company civilization in the20th century, the rapid development of commercial products. China's modemhistory is too short for system companies, mutual holding companies in recentphenomenon is the practice of the new economic situation. The new economicphenomenon posed a challenge to our traditional laws, which broke through thetraditional areas of a single enterprise, lead to a non-existent problem of a singleenterprise, the problems arising from how its legal regulation, Corporatebehavioral health guide the direction of development, has become an importantlegal issue.Companies in Chinas major goal is to achieve equity diversification, theestablishment of a rational corporate govemance structure. ThisCross-shareholding company structure is a useful diversification in the form ofequity in the country. This Cross-shareholding company structure that isincreasingly common, but China has no laws related to this, What attitude shouldtake is to encourage the development or limit its spread, In theory these shouldgive a clear answer to guide legislation and judicial practice. This paper has laggedbehind Chinas current laws in the relevant areas of Cross-shareholding companiesbe thoroughly study the legal issues, to a reasonable standard and actively guidethe Cross-shareholding company in Chinas economic practice and improveChina's legal system related. Make it compatible with the current economicdevelopment. Chinas relevant laws and laws for the connection and integrationwith the developed countries to create conditions and space. The article isstructured as follows:The first part is an overview, first defined the concept of Cross-share holdingcompany. Cross-shareholding company and the company will invest moreaffiliated enterprises. Then under different standards from the perspective of thedifferent types of Cross-shareholding company for analysis. Finally, the Japanesecompany Cross-shareholdings of the most cornmon example, the mutual holdingcompany for the selection, development and evolution.The second part of the Cross-shareholding company for a comprehensive role in the socioeconomic value analysis. Dialectical thinking, from both thepositive and negative aspects, the company's assessment of the positive andnegative effect of mutual shareholdings.The third part of the Cross-shareholding company to be intemationalinspection. Analysis and comparison of France, Germany, Japan, the United Statesand China's Taiwan region Cross-shareholding company legal norms. Summed upthe distinction between common law and civil law and the laws and regulationsrelated to the overall national characteristics.The fourth part of our Cross-shareholding company for the inspection. Chinafirst introduced the Cross-shareholding company and the history of the status.Then on the existing legal provisions of the Cross-shareholding company for theassessment, highlighting legislative shortcomings. Finally elaborated on China'sintemational experience of the Cross-shareholding legislative enlightenment.Under PartⅤof the earlier study, with a number of practical significance tothe Cross-shareholding company regulated system of the legislative proposals.Recommended a "differential treatment", except for some exceptions, prohibitssubsidiaries of the parent company holding shares; Non-parent Cross-shareholdingcompany for the legal regulation, the proportion of shares held by each otherrestrictions, restrictions on the exercise of the fight to vote. Establish and improveinformation disclosure system and the establishment of Cross-shareholdingcompany system supporting the idea.