The Typed Regulation Of Affiliated Transactions

With the development of productivity,the boundary between enterprise and market is constantly changing.The forms of affiliated transactions are changing with the expansion of enterprise boundary.This paper studies the traditional regulatory path,and finds that there are some deficiencies in the basic theory and regulatory technology.Therefore,this paper puts forward the theoretical basis and basic framework of the new type regulation of affiliated transactions and discusses its advantages compared with the traditional regulatory path.This article starts from the following four chapters:The first chapter,first of all,introduces the definition of affiliated transactions from the two definition modes of " affiliated person" and " affiliated enterprise".Secondly,the definition of affiliated transaction type regulation is elaborated.Finally,the necessity of type regulation of affiliated transactions is demonstrated from two aspects.On the one hand,it is because of the different regulatory objectives and logic between different department laws,on the other hand,it is because of the different regulatory strength of different types of affiliated transactions within the same department law.In the second chapter,the traditional type regulation path is introduced.The corporations law divides the afiliated transactions into legitimate affiliated transactions and illegal affiliated transactions according to whether they are legitimate or not.Securities law regulates affiliated transactions according to the types of companies and the characteristics of transactions.As a whole,the regulation of Public company is relatively strict.The regulation of affiliated transactions of other types of companies is relatively loose.In the third chapter,the author puts forward the shortcomings of the traditional regulation path of affiliated transactions.Type regulation can effectively grasp the main risk points and focus on regulation.Thus,under the premise of not seriously affecting the operating efficiency of the enterprise,we can effectively prevent the occurrence of improper affiliated transactions.However,in the basic theory of the regulation of affiliated transactions,the traditional regulation path fails to grasp the essence of"transaction" and the theory of "enterprise group law" is not applicable.In the technical means of regulation of affiliated transactions,the traditional regulation logic is not strict and the perspective of regulation is one-sided.The fourth chapter,first of all,it introduces three types of organization structure under the theory of enterprise organization structure:U-type organization structure,M-type organization structure and H-type organization structure.Secondly,the superiority of the new type regulatory path is demonstrated from the basic theory,technical means and practical application.Finally,it constructs a new type of regulation path of affiliated transactions,and improves the regulation of affiliated transactions in corporation law and securities law.