Research On The Legal Issues Of Mixed Ownership Companies

2013, the Third Plenary Session of the party’s eighteen proposed the requirement of comprehensive deepening reform, the pace of state-owned enterprises restructured for mixed ownership companies continued to accelerate, the size and the strength of the mixed ownership companies get continuous improvement. However, in the process of state-owned companies restructured for mixed ownership companies, it also has problems that companies financing suffers difficulties, public interest is violated and other issues, and the special stock system can solve these problems in the restructuring process to a certain extent. Therefore, it is important to promote the special stock.system and enhance the vitality of China’s capital market through the analysis of the system of preferred stock and the gold stock system and construction of the legal system of the special stock.The content of this research is divided into six parts, as follows:(1) Introduction:it mainly introduces the background, significance, research progress and research methods, puts forward the innovation from three aspects of the angle of research, research content and research methods in the paper, and expounds the shortcomings(2) the overview of the special stock system: it mainly introduces the concept, characteristics and development process of the preferred stock system and the gold stock system, which provides the necessary empirical support for the construction of the legal system of the mixed ownership enterprises in China.(3) the development of mixed ownership companies in China and the application of the special stock system: this part first introduces the basic development of the mixed ownership companies in China,on this basis,it analyses detailedly the application of the special stock system in mixed ownership enterprises.(4) the obstacle to the construction of the legal system of special stock in the mixed ownership companies: it mainly analyses on agricultural bank issuance of preferred stock and Ping Gang restructuring case of gold shares and proposes the obstacle to the construction of the legal system of the preferred stock and the gold stock.There are three main obstacles to the system of preference shares: the system of preferred stock violates the principle of capital maintenance and equity; the legislative power of the preferred stock system is given to the government agencies, the authority is insufficient; most of the preferred stock in the actual operation process is difficult.There are two main obstacles to the gold stock system: the right of the gold stock is in conflict with the provisions of the company law; the right of the gold stock is very difficult to get a clear and bound by law.(5) the construction of the legal system of special stock in the mixed ownership companies in our country: it mainly proposes the safeguard measures of construction of legal system of the preferred stock and the golden share from two aspects. For the preferred stock system, the main measures are to supplement or modify the relevant provisions by the legislative process, the legislation clearly stipulates for the issuance, running and repurchase of preferred stock., the government and the industry implement active regulatory measures to protect the implementation of preferred stock system. For the gold stock system, the main measures are to strengthen the legislative work of the gold stock system; make clear the legislative content of the gold stock system; establish the corresponding legal relief mechanism.(6) conclusion: it mainly summarizes the research results from the previous chapters.