The Legal Regulation Of Controlling Companies Abusing Power

The legal regulation about the controlling company abuses its controlling power is always the problem in the judicial practice.The reason is that abusing controlling power may show out via different ways,and every way has its outstanding issues.Because of this,we difficult to apply a single approach to solve the problem.Meanwhile,many important laws,such as corporation law 、securities law all concerning on single company.Although there has been a small amount of provisions related to controlling company, actual control person,but still can not cope with the endless behaviors that controlling company abuses its power.By classifying cases from administrative enforcement and judicial adjudication, learning theoretical results and practical experience from home and abroad,researching different legal regulation to different type,pointing out deficiencies,coming up with ideas that how to solve it perfectly,have significant theoretical and practice significance.The contents of this paper are composed of like this:Chapter One, the theoretical base is how to define the controlling company abuses its controlling power.If the controlling company violate fiduciary duty, we can identify that controlling power has been abused.Capital majority decision dissimilation, equity structure unreasonable, are the most important reasons which result in abusing controlling power.Finally,summing up the main situation that controlling company abuses controlling power.Chapter Two,by typed analysis,researching three types——occupation the subordinate company’s capital, unfair related transaction,misrepresentation.Specific studies on the three typical types that which aspects need to focus on,and points out the shortcomingsof the exsting regulation method.Chapter Three,in order to ensure the controlling power within the scope of benign operation which is permitted by law.This part firstly in view of the exising legal regulation methods,at the same time,analysis the specific protection in preserving before event,dissolving afer the event of subordinat companies and their minority shareholders, and creditors. To study the feasible route or perfect direction.