The Legal Governances Of Companies' Affiliated Transaction

In the market economy, the affiliated transaction has become a common atmosphere. The affiliated transaction is an objective action of companies but it is not under the market principles. It has both advantages and disadvantages. According to the basic principles of market economy, all the transaction should be done through the competition. But usually the affiliated transaction takes place between related parties which have special interests. One party is often dominating or having a great impact on the other party. The unfair affiliated transaction impairs the interests of the company, the minor shareholders, the creditors and even the social public. The purpose to regulate the affiliated transaction doesn't forbid its existence,lies in to take precautions against the unfair affiliated transaction, finds a balance among the interests of each related party, minor shareholders and the creditors.This thesis studies the companies'affiliated transaction. It contains five sections. Section one discusses the basic concepts in the affiliated transaction, including the definition,the range of the related party, the connections between the related parties. Section two analyzes the main causes of unfair affiliated tractions which have happened in our country. Section three explains the fundamental principles concerning regulating. Section four focuses on how to regulate the affiliated transaction by company law and security law. In this part, we select several concrete measures adopted by different countries to research. Section five gives some advices to regulate the affiliated transaction further.To sum up ,during the process of establishing modern enterprise system and healthy social market economy, we should strictly supervise the affiliated transaction to protect the interests of the companies,the shareholders,the creditors and so on. We should regulate the unfair affiliated transaction to secure the fairness in the market economy and promote the prosperity of the economy in china.