Research On The Legal Regulation Of Listed Corporation’s Affiliated Transaction In PRC

Related party transactions has existed for a long time, its advantages and disadvantages are also reflects the very obvious, if the listing Corporation with its positive side, not only can optimize the allocation of resources, but also can greatly reduce transaction costs; however, in practice, companies have the same mission is the pursuit of profit maximization, the listing Corporation is more obvious, driven by the interests of the listing Corporation internal controlling shareholders often infringe other small shareholders with its absolute advantage position of the legitimate rights and interests. In this paper, based on the current situation of the domestic, according to the specific problems in China’s legal regulation of the recommendations put forward, trying to set up a relief way transaction environment existing in the listing Corporation, to form a trinity of laws and regulations system, through this measure to maintain fair market mechanism and economic order, to ensure that the medium and small shareholders and creditors and investors. The legitimate rights and interests are not infringed upon.This paper is divided into four parts, at the end of the legal regulation of the recommendations put forward from the problem of related party transactions, from theory to practice step by step analysis. First, theoretical research through the definition of related party transactions, the nature of related party transactions, and China’s listing Corporation since the emergence of the existence of the problem of related party transactions were found in the. Secondly, according to the problems of the development process and the motivation, combined with the actual situation to enumerate the problem, and in his country and related party transactions background contrast found in the process of the practical problems existing in related transactions in china. Once again, from the theory to the method of comprehensive analysis of defects in theory and legal provisions related transactions in China at present, many of them with successful foreign legislation as reference standard, the comparison can provide some references for the legislation of our country. Finally, through the comparison of the legislation at home and abroad, and to fill gaps and lack of investigation, based on the legislative practice of our country and put forward legislative proposals on the creation of a systematic guiding significance of the legislative principle, legislative framework, the disclosure of information, minority shareholders and creditors of these three aspects of the building, to gradually to perfect the legal regulation, the eventual establishment of a conducive to investors of the relief system.