公司集团若干法律问题研究-经济法专业论文.docx

Abst Abstract PAGE PAGE IV Abstract At present, the group with its economic advantage, and become the main force of economic development, the Corporation Groups development trend. In large scale and create economic at home and abroad, the company more wealth in the form of group company. Especially after economic crises in 2007, the world has lifted the heat of acquisition, most companies through mergers, acquisitions, and expand the company completed form. With this upsurge, the relevant laws and regulations of the corporation academic discussion again entered a new upsurge, the group of legal regulations and behind the rapid development of economy, the phenomenon of embarrassing between the group of legal problems caused more serious. In the group, the company USES its control are controlled by the connection transaction, not individual will replace company will, of small and medium shareholders will seriously damage to the minority shareholder in the company group. Control company often exercise misconduct, transfer of the assets of the company subordinate, earmarking, abate affiliate company solvency, damage to the interest of creditor. Control company through the law of legal independence and limited liability principle to avoid the corresponding responsibility. The controlling shareholders obligations and duties, the lack of regulations for accounting, control of the company subordinate company enroach on medium and small shareholders and creditors can provide a space. Chinas law of corporation group related problems, but not unified regulation, low rates of legal system is not perfect, victims of medium and small shareholders and creditors, not through the law of avenues to effective remedy. The group of complex structure of dual control, medium and small shareholders and creditors interests by single loss of problem of law is not solved. The group is not only to the basic principles of the company, and to challenge of tax law, bankruptcy law, finance etc,