Study On Legal System Of Corporate Bond Holder Meeting In China

The corporate bondholders’ meeting system first appeared in some countries with civil law systems.In contrast,the development of my country’s bond market is relatively late,and the relevant bond rules are still in the stage of continuous adjustment and optimization.The protection mechanism for the rights and interests of corporate bondholders in my country adopts the mode of the coexistence of the corporate bond trustee system and the corporate bondholders meeting system.In the current laws and regulations in force,the relevant provisions of the bond trustee system are relatively comprehensive and specific.However,the current status and specific operating rules of the corporate bondholders’ meeting system are not yet clear.Bondholder meetings are an important way for bondholders to protect their rights,and as the corporate bond market grows,disputes frequently arise.Even in these circumstances,the protection of bondholder rights still lacks legal backing,the continued long-term development will affect the smooth operation of the market.In order to promote the steady development of China’s bond market,on the basis of ensuring the interests of bondholders,to improve the development and improvement efficiency of the bondholders’ meeting system,and maximize the effectiveness of the conference system.This paper takes the meeting system of corporate bondholders as the research object,adopts the literature analysis method and comparative research method to analyze the unscientific and unreasonable situation of the system in our country,such as the low legislative level of the system itself,the imperfect operation mechanism of the meeting,and the poor cooperation with the corporate bond trustee system.At the same time,by summarizing the relevant systems of some countries outside the region,the countermeasures are put forward.On the one hand,the operating rules of the meeting are refined and improved through mandatory legal provisions,mainly including clarifying the scope of authority of the bondholders’ meeting system,and establishing a hierarchical voting mechanisms,clarifying the effect of the resolution,remedying the rights of dissenting holders of defective resolutions.On the other hand,clarifying the primary and secondary relationship between the system and the trustee system to promote effective cooperation between the two parties.