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Issues For The Protection Of The Interests Of Minority Shareholders During The Compulsory Delisting Of Listed Company

Posted on:2018-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:C X WangFull Text:PDF
GTID:2371330512988499Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
To strengthen the administrative enforcement of environmental law and the criminal enforcement of environmental law is in line with the requirements of the local environmental law of China and in conformity with the requirements of the construction of ecological civilization.The improvement of the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law has a profound influence.From the category and characteristics of the administrative enforcement of environmental law and the criminal enforcement of environmental law,the cohesion mechanism itself belongs to the procedural norms.It covers two administrative law and criminal law department which lead to the fact that the inevitable legal liability concurrence will appear in the legal liability.There is "Non bis in idem" in the field of administrative procedural law while criminal priority principle in the field of criminal procedural law.The author proposed to jointly apply the principle to balance the friction between the two laws.In this part,the author fully expounded the necessity of the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law which is the basis of this paper.Now,the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law has certain institutional basis and practical experience in our country.The author will make summary which is based on the existing legal provisions on the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law and current innovation mode in practice in various regions of our country.It is noteworthy that Measures for the Cohesive Mechanism of the Administrative Enforcement of Environmental Law and the Criminal Enforcement of Environmental Law led by the Ministry of Environmental Protection in February 6,2017 reflects the determination to perfect the cohesive mechanism.This paper also lists the current practice of several regions to promote the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law.In addition,this paper studies the problems arising from the cohesive mechanism.The problems are embodied in the following aspects: the unclear body of the case transfer and the unclear receptor;the information asymmetry of the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law;the complexity procedures of the cohesive mechanism;the unknown legal responsibility of the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law;the poor supervision of the cohesive mechanism.In view of the above problems of the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law,this paper puts forward some corresponding suggestions: the author proposes to determine the division of the organs of the body of the case transfer and the receptor organs to achieve online transfer of cases through the establishment of a unified network information sharing platform;the author puts forward the construction of "police of environmental law" to solve the problem of the complexity procedures of the cohesive mechanism based on its feasibility and rationality;the author put forward two kinds of legal responsibility to apply the principle to balance the two kinds of legal protection in the legal responsibility of the cohesive mechanism;the supervision of the cohesive mechanism,the author suggests to give the inspecting authorities the legal supervision right of transfer mechanism to broaden the channels of supervision the introduction of public supervision will better protect the cohesive mechanism of the administrative enforcement of environmental law and the criminal enforcement of environmental law.
Keywords/Search Tags:The administrative enforcement of environmental law, The criminal enforcement of environmental law, The cohesive mechanism
PDF Full Text Request
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