Legal Regulation Of Management Buy-out In China

Management Buy-out has been practiced in China since 1980s and lot of Chinese enterprises developed by this way.However,problems and conflicts have appeared out.Chinese economists and law jurisconsults have noticed and fully studied these situations years.This paper focuses on the concept of Management-Buyout and analyses the features of this system in order to discover the issue of legal regulation of the Management Buy-out.The legal regulation which posed on Management Buy-out plays an important role in national reformation that could minimize the risks and negative effects,such as loss of state-owned propriety and infringe rights and interest of minority shareholders of enterprise,to protect the interest of individuals,organizations, sociality and the state.Therefore,it is necessary to revise and to improve current law theory and law to reform the situation of legal regulation of Management Buy-out.The paper gives suggestion in four aspects through four parts.The first part of this paper is the brief introduction of basic theories of Management Buy-out and the legal regulation of Management Buy-out.The keynote of this part is the comparison of the concept of Management Buy-out and others.There are some introductions of development of international practice on Management Buy-out.The success experience on legislation and judicial procedure in international society can provide valuable reference for reformation of Chinese Management Buy-out.The contents of part 3 are the analysis and summary of the present situation of Chinese Management Buy-out.This part approves the rationality and legitimacy of Management Buy-out in China by analyses the structure of economy,the situation of policy,and the judicial surroundings.The forth part suggests some specific measures which are directed related to the characteristics and problems of Chinese Management buy-out.This part of the paper closely related with of current law,concerned on contradicts and conflicts between different law of departments,and summarized the application of law to different forms of corporation.