Research On The Legal System Of The Company Investment

In order to adapt to the continuous development of China’s market economy,"Company Law" in2005have more substantial changes. On the company investedproblem, China’s2005Company Law "is the total elimination of restrictions on thereinvestment ratio, giving the rights of the articles of association according to thecompany’s own situation are free to provide investment ratio., fully reflects China’s2005"Company Law" respect for the independent market dominant position. it alsohighlights the role of Charter of the company’s articles of association.2005"Company Law" to expand the company reinvestment object. At this point, thecompany invested object is no longer confined to limited liability companies and jointstock liability company, which largely inspired the enthusiasm of the investmentobjective to promote the prosperity and development of China’s market economy..Visible, along with the deepening of our practice, our system of company law in thecontinuous improvement process. However, companies of investment law in China atthe present stage, there is not perfect at all. Admittedly, the company’s reinvestmentbehavior plays a positive role for the active concentration of capital markets andcorporate scale operation. However, we affirmed the company reinvestment activerole should be fully aware of the existence of its drawbacks If the company’s capitalmay lead to inflated, may lead to the imbalance of the corporate governance structure,these drawbacks, however, China’s Company Law and the corresponding rules toregulate it., Therefore, our company invested the legal system remains to be furtherimproved, to establish a scientific legal system to better regulate the company’sreinvestment behavior is particularly important.. on the basis of the results ofScholars existing research,this article try to go to the company investment law forpreliminary discussion.This article discusses the following aspects:The first part is bout a brief introduction to the basic legal issues of thereinvestment.First of all, the concept of investment companies to switch to a legal definition; Secondly, in order to be able to more in-depth understanding of companyinvestments, try the basic classification of different standards on the companies toswitch to investment behavior.Finally, the focus of this section, a brief analysis of thepositive and negative impacts of the companies to switch to the investment on China’smarket economy. It is precisely because the company invested exists both positive andnegative affect, and so we should be constantly on the legal system to improve inorder to maximize its positive role and minimize the impact of the market economy.The second part is the nalysis of China’s existing reinvestment legal system.This section is mainly from three aspects. First, compared the05company law withthe company law in front of, and then expounded China’s Act in line05go to thecompany’s revised investment system. Secondly, on the basis of comparative analysis,we obtained a new concept the reinvestment legal system innovations embodied in theCompanies Act; Finally, the China company transferred the investment legal systemof the drawbacks of a brief analysis.The third part examines the major developed countries reinvestmentlegislation overview. That part of this paper mainly on the legislative overview ofAnglo-American countries, Germany and China’s Taiwan region’s companies toswitch to investment and briefly describes the various countries and regions, thecompany’s system. On this basis, which set out the offshore legislation of inspiration.The fourth part is also the focus of this article, with a large I was devoted to perfectingthe companies investment proposals of the legal system. Commence from two aspects:First, against the drawbacks of the reinvestment act on measures to improve theresponse to the shortcomings of the company invested, Including the state ofinvestment into the open, and limit the options are exercisable for two aspects.Second,focus on the improvement of the legal system that the company invested..