China's Private Enterprises Listed Overseas Regulatory Law Studies

Nowadays more and more Chinese private enterprises are making decisions to enter the oversea markets. This, on one hand, facilitates the development of China economy, but on another it brings great challenges to the supervisions of Chinese laws and regulations. It not only requires achieving the aim of Chinese private enterprises to successfully enter the oversea markets, but also requires avoiding the bad impacts that may be caused by the transnational capital flows. This essay tries to analyze the following issues, that is, how to get the perfect combination of the securities market opening and the rational supervisions, how to resolve the conflicts between the different laws that various countries use to supervise the oversea listed enterprises, how to perfect the Chinese regulations on the oversea listed enterprises.The first chapter is mainly about the general situations of Chinese private enterprises entering oversea markets. First, it gives the definition of private enterprises, pointing out what belongs to this category. Second, introduce the three models of Chinese private enterprises entering oversea markets, direct listed, indirect listed and other model. It then gives simple introduction of these three models, telling the differences between he direct listed and indirect listed, pointing that when Chinese private enterprises decide to enter oversea markets, they should to choose the proper model in accordance with their actual situations. Next it is followed by the most common model of indirect listed, the red chips listed, giving the definition of the red chips listed enterprises, the characteristics of the red chips listed and the general situations of the red chips listed.The second chapter is mainly about the different legal supervisions of listing places on Chinese private enterprises. First, introduce the three main models of securities regulatory, that is, centered supervision, supervision with self-discipline and mixed supervision. Second, it deals with the basic features of the listing supervisions of listing places on Chinese private enterprises. Then introduce the legal supervisions of the listing places of Chinese private enterprises. Finally it forms the general situations of the legal supervisions of the listing places.The third chapter is mainly about Chinese regulatory systems on Chinese private enterprises entering oversea markets. First, analyze Chinese regulatory systems on Chinese private enterprises entering oversea markets. Then introduce the overseeing bodies and the overseen bodies of Chinese securities market. At last, it gives concrete descriptions of direct listed and indirect listed situations on Chinese private enterprises entering oversea markets, so as to present the legal regulatory situations of Chinese private enterprises entering oversea markets.The fourth chapter is mainly about the conflicts and reconciliations of the regulatory systems between the home countries and the listing places. First, analyze the conflicts between the home countries and the listing places. Then analyze how to resolve these regulatory conflicts, that is, by adopting unilateral legislation, the memorandum of understanding and the building of the organization of securities regulatory cooperation to achieve the coordination of the regulatory between the home countries and the listing places. At last, the writer gives her suggestions on perfecting the legal regulatory in accordance with the defects in Chinese legal regulatory.