Study On The Perfection Of China's Unfair Related Transaction

With the continuous development of China's securities market,related transaction has become a common phenomenon in listed companies.We should look at related transaction in two ways.On one hand,it can improve the efficiency and benefits of the transaction,enable the company to realize the goal of resource integration with lower time and money cost,and thus improve the company's market competitiveness.On the other hand,the company's nature of pursuing profit maximization,together with the imperfect legal provisions and insufficient external supervision,will lead to the occurrence of unfair related transaction.Unfair related transaction will not only damage the legitimate rights and interests of the company's creditors,other shareholders and other related parties,but also seriously disrupt the market economic order.Therefore,we should encourage and support legitimate related transaction to become the booster of rapid economic development.For unfair related transaction,we need to improve legislation,impartial judicature,strengthen law enforcement and other aspects of regulation.However,in view of the current legislative,judicial and law enforcement status in China,there is still a lack of accountability for unfair related transaction,especially for the investigation of civil liability,which is seriously misaligned with the needs of China's economic development.Therefore,it is very necessary and urgent to study relevant issues.Firstly,through two cases,this paper reflects the attitude of encouraging legitimate related transaction and prohibiting unfair related transaction,and the deficiency of the existing laws in regulating unfair related transaction,and then leads to the discussion of the subject of this paper.Secondly,this paper focuses on the related concepts,identification methods of unfair related transaction,China's relevant legal provisions and defects,and foreign relevant legal provisions and then summarizes the improvement recommendations of its civil liability system.This paper is divided into six parts: The first part mainly introduces two typical cases and their responses.The second part mainly gives an overview of unfair related transaction.The third part mainly introduces the relevant legal provisions and defects in China.The fourth part mainly introduces foreign laws and regulations on unfair related transaction.The fifth part mainly introduces the suggestion of perfecting the civil liability system of unfair related transaction.The sixth part is a brief summary ofthe writing idea,paper structure and writing emphasis.