A Study Of The Anti-takeover Decision-making Power Legal System Of Listed Companies In China

The acquisition and anti takeover activities of the company often occur with the vigorous development of China's capital market,and usually lead to some vicious consequences.The anti takeover behaviors of listed companies are complicated.Different interest groups have different interests demands,and all kinds of deep interest conflicts are accompanied by the whole process of anti takeover.Due to the current legal system of anti takeover in China is still not perfect,there is anti takeover ownership division is not clear problem in the legislative process,in addition to the anti takeover decision-making regulation and supervision mechanism is not perfect and so on.How to configure the anti takeover decision-making,how to regulate and maximize the listed company and the interests of the shareholders of listed companies,and promote the healthy development of the capital market,need to China anti takeover legislation to solve the problem.Since "Bao Yan event" began the process of acquisition of listed companies and anti takeover,at the end of 2015,Vanke can treasure battle once again pushed to the front of the public anti takeover issues triggered intense discussion.The decision-making power of anti takeover of listed companies is the core issue of anti takeover legislation,which is directly related to a series of issues,such as the position of takeover of listed companies,what measures to take anti takeover measures and how to implement anti takeover measures.As Chinese anti takeover legislation is seriously lagging behind,in a large number of anti takeover practices,there are many phenomena such as the lack of awareness and ability of anti takeover and the abuse of anti takeover rights of listed companies.The foothold of this article is listed company's anti takeover decision-making power,the perfection of legal system,the ownership of anti takeover decision-making power,the right of anti takeover decision-making,and the perfection of legal system.This article consists of introduction and conclusion,which is divided into six parts.The first part is the introduction.It analyzes the purpose and significance of the research,the background of the topic and the research status at home and abroad.The second part is the research on the basic theory of the decision-making power of anti takeover,and introduces the concept,characteristics,theoretical basis and significance of the anti takeover decision-making power system of Chinese listed companies.The third part introduces the current situation of Chinese anti takeover decision-making power system,and analyzes the shortcomings of Chinese anti takeover decision-making power system.The fourth part introduces the legal system of anti takeover decision making a brief survey of the Anglo American Germany,according to the three national legislative mode,legal culture and history analysis,extract the legal composition worthy of our reference,based on Chinese basic national conditions based on the overview of the legal system of anti takeover in our country's good pave the way for further improvement of Chinese legal regulation.The fifth part is divided into five sections,according to the above mentioned Chinese anti takeover decision problems,the author describes the individual to improve the existing legislation in the lack of some basic principles and measures.The last part is epilogue.This paper adopts the following research methods:first,literature analysis.In this paper,by reference to the relevant academic works and papers about this topic,the existing research results and research gaps;understand the relevant laws and administrative regulations,departmental regulations and local legislation,to provide a legal basis for the paper accurately.Second,comparative study.The legal regulation measures of legal regulation of Chinese social insurance fraud and other countries a comparative study,analysis of similarities and differences between the legal regulation measures,the study found that the advanced nature of other countries legal regulation measures,in order to improve Chinese anti takeover legal regulation measures to provide reference.The innovation of this paper lies in:first,this paper not only the anti takeover decision-making power to the shareholders' meeting or board of directors,but according to the different situation to discuss,clear Chinese anti takeover decision-making rights should belong to the general meeting of shareholders of listed companies and should be given on company management certain anti takeover rights to deal with the situation the acquisition of complex competition.Secondly,based on the decision-making right of anti takeover body and related relief through clear decisions subject to shareholders of listed companies and listed companies,strengthen the responsibility of the relevant obligations of supervision and improve the perfection of the main interests of the main anti takeover decision-making power supervision and regulation.The study of the anti takeover decision-making power and its regulation of listed companies will help safeguard the rights and interests of listed companies and their shareholders,promote the improvement of Chinese anti takeover legislation,and promote the healthy development of the market economy.