Research On The Legal Issues Of Unfair Related Transactions

Connected transaction is a "double-edged sword".On the one hand,it can improve the transaction efficiency of enterprises and reduce transaction costs;on the other hand,it is not uncommon for affiliated parties to use unfair connected transaction to evade taxes or hollow out the company.The harm it has caused has led us to re-examine the system.In reality,with the reform of state-owned enterprises,the number of companies increases,the number of non-fair related party transactions increases,and the scope of influence continues to expand.The legislation and theory circles of our country attach more importance to legal issues of the non-fair related party transaction.How to better apply laws to reduce the occurrence of the non-fair related party transaction,protect the legitimate rights and interests of small and medium-sized shareholders.Has become the focus of legal research.In addition,under the background of the promulgation of the Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law of the People’s Republic of China(V)and the introduction of the Company Law of the People’s Republic of China(Draft),it is very necessary to deeply understand the legislative intention of the new legal norms and the judicial value orientation.Through the summary and analysis of related transaction,this paper finds out the current legal problems in the process of non-fair related transaction in our country,and further improves the establishment of relevant legislation and system to reduce the occurrence of the non-fair related transaction behavior,so as to better protect the minority shareholders’ rights and interests and better exert the system value of related transaction.The main content of this paper is divided into four parts:The first subparagraph examines unfair transactions by the parties concerned,covering in particular its definition,characteristics,causes,etc.establishes the boundary between fair and unfair transactions of the parties concerned and provides the basis for a thorough analysis of the legal issues of the unfair transactions of the parties concerned.The second part is based on the current situation of unfair transactions in our country,drawing up problems,preventive procedures,supervisory mechanisms,legal aid through the following problems: the review rules are not complete,the system of trusts is not complete,the monitoring of business conduct is insufficient,simplification of shareholders’ rights is blocked.Thirdly,the current situation regarding the application of parties’ unfair transaction law in the United States,the United States,the United States and Germany will be analysed and good experience will be gathered in learning and resolving legal problems related to parties’ unfair transactions in our country.Fourthly,it analyses the legal issues related to unfair transactions and the experience gained from foreign and local advantages in terms of improving the rules on the review of unfair transactions,improving the system of trusts,improving the efficiency of the supervisory system,Improve shareholder redress methods and thus make effective proposals to address fair deals.