The Legal Regulation Of Anti Takeover Of The Listing Corporation

In recent years, China’s share reform speed up the process, the sustainable developmentof the market economy, the securities market has made great progress in the aspects ofsupervision system and the legal construction. These improvements reduce institutionalbarriers for acquisition of a listing Corporation, Expansion of takeover and anti takeover waralong with vigor and vitality. But compare with the more developed western capital marketcountries, takeover and anti takeover of theoretical research and system construction is still inthe exploration stage in our country, these produce a variety of problems in practice, forexample, the Directors abuse the anti takeover measures to damage the interests ofshareholders, the improper application of anti takeover measures caused the improper benefits,This not only affects the long-term development of takeover and anti takeover of China’slisting Corporation, but also affect the protection of the interests of all parties, so it isnecessary to establish suitable for China’s anti takeover legal system.In view of this, based on the previous research foundation, adopting the research methodof combining theory with practice and combined with China’s anti takeover of typical cases inpractice, this article studied the legal regulation of anti takeover of listing Corporation inChina.the article is divided into four parts:In order to lay a solid foundation for the following, the first part introduces the conceptand the basic characteristic of takeover and anti takeover of listing Corporation, and thenintroduces the common practice of anti takeover measures in the view of "prevention" and"against".The second part investigate the listing Corporation’s anti takeover with Anglo Americancountries as an example. The legislation system of anti takeover and the delegation ofdecision-rights of anti takeover and other content are first introduced, then in order to obtain acertain reference about anti takeover in China, the article analysis these measure from theperspective of compare.In order to find out the practice problems of China’s anti, the first part introduce threetypical cases in the practice of anti takeover of listed, then from the legislative status quo, thearticle analysis the problems of China’s current anti takeover legal regulation, providing thestarting point for the system construction of the following. The fourth part focuses on the perfection of the legal regulation of China’s anti takeoverof listing Corporation, anglicizing some basic principles that should be carried out in legalregulation of the anti takeover. And then put forward some pertinent suggestions throughcombined with the practical problems.