The Studies On The Legal Regulation Of Cross-shareholding-

Cross shareholdings,as a form of capital linkage between companies,were first used in Japan in 1950s.In subsequent decades,with the continuous development of global economy,more and more attention had been attached to the advantages of cross shareholding by the commercial and law layers in every country.Such as its advantages in the expansion of business scale,reduce transaction costs and prevent malicious acquisition and other aspects.Then it entered the vision of the legislators of various countries and regulated by the laws of these countries.However,the development of this commercial behavior started later in our country.For the legal regulation of cross shareholdings,scholars in our country are mostly following the legislation of other countries.Based on the different types of cross shareholdings,they make legal analysis respectively.Through the legal analysis of the damage caused by cross shareholdings to related subjects,the article makes a horizontal comparison of the legislative ideas of other countries.It intends to build a set of cross shareholding legal system that conforms to China's national conditions and can make proper and comprehensive protection for the interests of the relevant stakeholders.Full text structure is as follows:In the introduction section,as the main chapter of the full text,it mainly expounds the background and significance of this topic.The first part mainly includes the research of the meaning of cross shareholding,the analysis of advantages and disadvantages and the revelation of the current situation.First of all,in general and macro level,there is an understanding of cross shareholdings.Then,by analyzing the advantages and disadvantages of cross shareholdings,the author lays the groundwork for the legislative ideas and regulations of the later chapters.Finally,through the study of the development of cross shareholdings in China,this paper can fit the actual situation of legislation and practice to the maximum.The second part mainly discusses the harm of cross shareholding to the related interest groups and on the basis of this,it analyzes the legal regulations of cross shareholdings.This chapter consists of four parts,respectively:infringement of the interests of creditors by cross shareholdings,the insider infringes on the interests of the shareholders in cross shareholding,large shareholders infringe on the interests of minority shareholders in cross shareholding,Infringement on other fair traders in cross shareholding.The article discusses from the protection of creditors' interests,shareholders' interests and fair traders' interests respectively.The third part is about the legal regulation of cross shareholdings in China.This part is the focus of the thesis.The author intends to adopt the research paradigm as follows:from the perspective of the protection of the relevant interest subjects,it selects the points of the protection of creditors' interests,shareholders' interests and the interests of fair traders,points out respectively how to ease the adverse effects of cross shareholdings on the protection of relevant interest subjects through the construction of the relating legal norms.At the same time,because the problem of interest protection is so complicated,it involves dialectical analysis of capital adequacy principles,the limits of the voting rights of the controlling shareholder,the rationality of the capital majority rule,the insider control problem,the docking of company law and anti-monopoly law on antitrust issues and a series of important theoretical problems in commercial law.The author will reveal the rationality of the relevant laws and regulations proposed in this article on the basis of a brief analysis of relating issues.