The Legislation Of The Group Enterprises

This article has three parts:Part one: Legal characters of the Group Enterprises .Two characters are analyzed from four sides in this parts. And I point out that Enterprises are a group of enterprises with special relationship the relationship is that there is a stable relation in the Group for long time. But, this is only an opinion of myself. Konzern only is a word in Germany law, but it is a typical kind of Group Enterprises. Parts of cartels are Group Enterprises, but the others are not. Syndicate is a kind of Group Enterprises, but Trust only is an enterprise, not the Group Enterprises.Part two: Analysis of legal relationship inside Group Enterprises. Three sides are analyzed in this part. There are many ways to set up Group Enterprises, and seven ways are analyzed in this part. Right of shareholder is the main way to set up Group because the shareholder may control the whole Group easily and firmly by this way. Most of the Groups are set up by this way. Contract is another way to set up Group Enterprises. But this kind of contract is a special kind. Someone or an enterprise may control another enterprise by this contract. It is the most important way that rights of shareholder and contract to set up Group Enterprises. Most of the Groups of China have been set up by the con tract. Other ways to set up Group, for example, tense family relation between the leaders of the enterprises in the Group. The same person leading most of the enterprises in the Group, and so on .The structure of the Group takes on different face because of the difference of he way to set up Group. The Group shouldn't have the same structure because the market varies rapidly and has a various face. The Group shouldn't be a juridical person , but if the biggest shareholder doesn't obey the rules, we may regard the whole Group as an enterprise.Part three: Thought of legislation of the Group Enterprises. The necessity of the legislation of the Group is analyzed in this part. The way of controlling the Group an American law is compared with the way of Germany. At last, I analyses the way of controlling our country's Group .We may study the experience of the German to set up our Groups.