A Study On Listed Compony Controlling Shareholders Abusing Control Legal Regulation

Holding stockholders are born to accommodate the diversification in modern society and they are universally existed in all countries,through their privilege in voting rights and their control over the board of directors,they can achieve the result of controlling the company.Legislations and practices on the controlling rights of holing stockholders have been promoted all around the world and they have been constantly balanced in ensuring the efficiency of the company and maintaining the rights of the minorities.When it comes to regulating the abusing of power of holding stockholders,the present legislation in our country exists the problem of imperfect regulation on particular behaviors and insufficient legal restriction on liability subject,it is extremely easy for the holding stockholder to make the company a tool to make benefits.Especially in 2015 when the stock market was suffering sharp volatility,the holding stockholders in listed companies conducted the insider-dealing with their information advantage,they also instigated the listed companies to conduct false information disclosure and illegally offloaded their shares,which has given a strike to the fragile stock market and has caused heavy losses to the small investors.According to the relatively centralized ownership structure of the listed companied in our country and with the purpose of protecting the rights and interests of the listed companies and minor stockholders,this paper considers that it is necessary to improve the legal system of controlling right of holding stockholders in the Company Law.Firstly,in the first chapter of the first part of the control of the meaning and nature of the sort and summarize;the abuse of the right to control the behavior of the first chapter of the second part of the non-fair related transactions,false information disclosure and insider trading,etc.analysis and elaboration;the third part of the first chapter raised the issue that the current legal regulations controlling shareholder abuse of control deficiencies exist.Secondly,in the second chapter of the regulation controlling shareholder abuse of control over the theoretical basis demonstrates the rationality and necessity of controlling shareholder abuse of control and regulation.Thirdly,in the third chapter of the existing legislation(the "Company Law" mainly)of Regulation controlling shareholder abuse of control,mainly from the general principle of abuse of control and regulation,specifically abuse of restraint,and for small and medium shareholders relief program three aspects are analyzed and put forward the problems.Finally,the fourth chapter proposed regulations controlling shareholder Suggestions for abuse of control,mainly to establish the general principles of constraint abuse of control,and improve our related party transactions regulation methods and norms of information disclosure both specific regulation,relief program to strengthen supervision and self-discipline and punishment to further improve minority shareholders.