Research On Law Problems Of Gatekeeper Supervison

Along with our country joining the World Trade Organization (WTO) has been13years, our country socialist market economy increasing, the legal issues surrounding the company was growing, there are questions about the company’s regulation also emerge in endlessly, especially in the aspect of information disclosure, listed means growing a variety of fraud. Along with our country, such as "non-listed public company supervision and management method", the new revision of the "company law" and so on in accordance with the status quo of market and the laws and regulations, in the company regulation gives some operable standard, but the problems existing in the practice of the problems and controversy, in this paper, the main body of corporate governance, in the west is also known as the doorman regulatory mechanism is discussed and some Suggestions.Is a system in the west, this paper mainly based on the porter mechanism based on the social survey conducted by the author and the famous listed fraud cases for example analysis. Gatekeeper mechanism, from the aspects of main body, is divided into public janitor and private concierge, and all the concierge in accordance with the professional and specialized classification, auditors, accountants, lawyers, securities analysts and ratings agencies. On the porter’s definition, the author adopted the doorman mechanism of Professor John c. Coffey, namely "repeated transactions in the market, with professional knowledge and participates in company operation and management, market regulators to company for information disclosure." This paper intended to explore the doorman mechanism in our country application status quo and problems. The doorman mechanism in our country does have some effect, but there is still a problem:the lack of coercive measures for different janitor professional law; The doorman its regulatory functions and operating company business conflicts of interest; Aiming at the existence of the socialist market economy in our country in the special form of company shall adopt different regulation method; Part of the company under the rule of law concept not cooperation was the attitude of indifference to the porter.Finally, the author concludes that our country should be perfected in legislation, in terms of technology should be integrated resources, not from the perspective of a department alone, to the securities law and company law, and the janitor professional method to improve the mechanism of the gatekeeper, which make this approach more mature, disclosure of information in order to better in order to protect the interests of the social investors.