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On the control of the company 's legal regulation

Author: WangYanHua
Tutor: ZhangTieZuo
School: Heilongjiang University
Course: Legal
Keywords: Control of the Company Abuse of rights Conflict of Interest Legal Regulation
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 14
Quote: 0
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Abstract


Corporate control is attached to the company's independent personality and derived, the right content of economy has certain interests, their interests value interests and derivative interests including itself. Corporate control as a benefit, because of its scarcity, become the focus of the parties competing for. Occur frequently in reality, the abuses of corporate control, great harm, and the main root is shareholder agency problem and conflicts of interest. Company law as private law, the regulation of control should be based on principles of respect the company autonomy, establish error correction and compensation mechanism, to ensure the company's normal operation, on the one hand, on the other hand make aggrieved person's rights and interests are protected. Based on the analysis of corporate control abuse of present situation in our country, on the basis of put forward on the regulation of corporate control of our country should perfect the company personality denial system, introducing the equitable subordination principle, strengthen the supervision of related party transactions, introduction of voting trust system to carry on the consummation to several aspects, in order to help to company law theories and practice.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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