Case Analysis Of Related Transactions Of Chengdu Sichuan Crossing Machinery Ltd

After the 2013 revision,Company law against the related transactions of the company law regulation embodied in article 20,article 21,which indicates that lawmakers' negative attitude about illegal related transactions.In accordance with the provisions of the new affiliates lawful,fair related transactions would be approved at the legal level.Meanwhile,article 20 has become a core judicial law to solve the problems of the company related transactions.However,after the new law came into effect in the further development under the background of commercial practice,it did not reach the effect of solving problems.It triggered many new problems and new controversy,such as related party transactions between associated company.Whether it caused a loss of small and medium-sized shareholders,harmed the interests of the creditors and other issues,all need further investigation.Actually,the legitimacy of the related transactions that has questions not only in the theoretical level,but also in practical judgment.Related transaction legality is based on the company as the research object,but given the company related transactions problem focusing on characteristics and at the same time in order to avoid meaningless,writer select a relatively new legitimacy dispute of the Supreme People's Court to study,through different point of view to understand this problem.In addition,this article has summarized some affiliated typical cases,make proper comment and several aspects that should be paid attention to.In the introduction part,it mainly explained background and the research thought.The body part can be divided into the following four parts:The first part is put forward the case.The case is associated with the related company held transaction and damaged the interests of the creditors.The controversial point is whether the three companies constitute the related party,whether constitutes affiliate transaction and does the personality confusion between three companies,whether the three companies shoulder the joint responsibility.The second part is relevant legal thinking caused by the case.Company associated business belongs to a kind of special circumstances in the commercial activity.The legitimacy should not only analyze the particularity,but also including the normal commercial transaction disputes.Thinking about these problems is logically reasonable while identifying company legal associated business.This part will focus on the following three questions: the analysis of related party transaction concept;understanding of the components and the damage result;understanding of personality of corporate juridical person.This paper would show the writer's attitude and thoughts to solve the controversy.The third part is to evaluate judicial result.This article put forward some typical cases of related transactions,after studying the case and relevant judicial attitude,writer has made a comprehensive evaluation.Meanwhile,writer made a brief evaluation of previous cases.Under comprehensive evaluation,writer pointed out problems that in the current company related transactions and how to judge company transactions case.The fourth part reflect the defects and corresponding solutions: including: in the current legal system,lack of related professional laws.Although there are some rules,it is not a set of effective company connection transaction system.Secondly,previous regulations could easily lead to blurred understanding on the judicial application.And the law lacks the clear obligation.For the above legislative defects,this paper puts forward the related suggestions.