The Legal Problems Of Going Public By Adopting Alibaba Partner

This paper tries to analyze the legal problems of going public by adopting Alibaba Partner through a social hot issues. It mainly including: The legal pro-blems such as the same stock has the same right, principle of equality of sto-ck rights and the protection of the rights and interests of minority shareholde-rs will appear; The United States can prevent and control these problems, because of its information disclosure system and the class action system; The re-ason why the Chinese mainland failed to attract Alibaba going public. This p aper will be divided into five parts:The first part, introduction. First, this section introduces of fundamental of Alibaba going public events, causes the focus of this event: The same stock h-as the same right; The principle of equality of stock rights; The protection o f the rights and interests of minority shareholders and the prevention and contr o-l of risk.The second part, analyzing the legal problems in this event. It mainly includes Alibaba going public by adopting Alibaba Partner whether or not affectin-g The same stock has the same right, The principle of equality of stock righ-ts and The protection of the rights and interests of minority shareholders. Emp-hatically explains the with distinction between The same stock has the same ri-ght and The principle of equality of stock rights, detailed analyzes the reasons it will not affect equality of stock rights, further more, analyzes the reasons why this event will increase the risk of damage to small and medium sharehol-ders rights from two aspects of common cause and special cause, and finally listed the real reason why HK refuse Alibaba Partner.The third part, closely related to the development of the event, this section analyzes how the United States prevent and control the risk Alibaba Partner will bring based on Alibaba listed in the United States. Emphatically explains t-he information disclosure system, the class action system and legal team, etc.,and analyzes an effective risk prevention and control system of the United States from two aspects--- the prevention before and relief afterwards.The fourth part, analyzes the reason why the domestic capital market(espec-ially mainland) failed to be the place where Alibaba choose going public thr-ough two aspects----the particularity of Alibaba Partner and objective conditions of the domestic capital market. It mainly includes: lacking of an effective risk prevention and control system, laws and regulations limit and other economy, time reason.The fifth part, what the domestic capital market will learn form this event. Mainly expounds the necessity of the our regulatory system to improve, intro-duces the regulatory system reform in China’s now and propose the prospect o-f the future.