Study Of Connection Relationship In The Company Law

China's "Company Law" regulates the Connection Relationship and related rules.Connection relationship involve the subject matter of related party transactions and procedural issues such as avoidance of voting in related party transaction approval.Taking this as the train of thought,the author analyzes the identification of connection relationship and related issues in China's "Company Law" and proposes relevant suggestions from the perspectives of rules,practices,and theories,as follows:The first part is the introduction.Firstly,from the brief analysis of the rules of the "Company Law" and an administrative penalty case,we find the identification of connection relationship.Secondly,the author summarizes the existing research on connection relationship.Finally,the research significance of this paper lies in the unification of the application of the concept of connection relationship.The second part is the legislative and judicial investigation of China's connection relationship.It is divided into two parts: the comparison of rules and the status of judicial practice.In the rules comparison section,the author makes a general and detailed comparison of China's rules on connection relationship.In the status quo of judicial practice,the author analyzes the status of the identification of connection relationship in China's judicial practice.Through the above-mentioned comparative analysis,it is found that there are problems with the rules and practices of China's regulation of connection relationship.The third part is connection relationship in related party transaction.First,the author compares the two systems from the perspective of a single company and a group company.Our rules are based on a single company.Second,the author analyzes the company's insider obligation theory in related party transactions.Based on the theoretical obligations of directors and controlling shareholders,the author puts forward the theory of the loyal obligations of insiders in related party transactions.Finally,taking the company's personality independence as the starting point,the author analyzes the key elements of connection relationship identification-the concept of control.The fourth part is the connection relationship in the related party transaction approval process.The organization of the company is closely related to the approval of related party transactions.In the related party transaction approval process,shareholders,directors,managers and other entities are involved in connection relationship with the companies involved in the review and approval.Therefore,the author analyzes the issues related to the review items of related party transactions,the avoidance of the subject,and the review procedures from three aspects: the shareholders' meeting,the board of directors,and other insiders of the company.The fifth part is the improvement of the rules of connection relationship and practical suggestions.On the one hand,the rules and regulations should be improved in terms of the concept of connection relationship,the fidelity obligations of insiders,the concept of actual controllers,and review procedures;on the other hand,relevant rules should be implemented in practice.In judicial practice,the identification of connection relationship should be unified.In terms of company practice,corporate governance should be strengthened to prevent unfair related party transaction from the source.