公司交叉持股的法律规制研究民商法学专业论文.docx

公司 公司交叉持股的法律规制研究 西南 西南政法大学硕士学位论文 PAGE PAGE 3 PAGE PAGE 4 Abstract The lawmakers can’t absolutely forbid cross-shareholding for the positive effect of cross-shareholding, but along with the continuous development of Chinas economy, the situation of cross-shareholding becomes increasingly popular, its negative effect has become increasingly prominent.If not regulate cross-shareholding timely，it will lead to highlight the disadvantage. Chinas current legal system don’t directly regulate cross-shareholding, to fill the legislation blank on the research of the theory of cross-shareholding,I hope to regulate the cross-shareholding of company in China effectively through the comprehensive analysis of the cross-shareholding system in this paper. Firstly, the basic research on the theory of cross-shareholding.Research the basic theory of cross-shareholding will help to understand cross-shareholding more profound.Above all, study the cross-shareholding through a different angle can grasp the present situation of cross-shareholding better. According to whether the cross-shareholding companies have parent-subsidiary relationship,cross-shareholding can be divided into longitudinal and transverse cross-shareholding; According to the direct shareholding relationship,it can be divided into direct and indirect cross-shareholding;According to the different subjective purpose,cross-shareholding can be divided into financial and strategic cross-shareholding. Different classification has its theoretical significance and practical value.Moreover, the study on the basis of cross-shareholding. The company to become legal investment subject is the premise of cross shareholding system, growing industry competition and adjacent industry competition is the external factors of cross shareholding system produce.Lastly, the research on the essence of cross-shareholding. Essentially, the cross-shareholding can be understood as the companies hold their shares indirectly. Secondly, the dialec