论关联交易的法律规制

On Legal Regulations of Related Transaction

关联交易中常有侵害国家、投资者、债权人利益的诸多不公平现象,须在现有《公司法》相关条款基础上尽快完善相关法律制度,建立闻联交易股东大会批准制度和信息披露制度,确立独立董事对关联交易的监督制度,改进决策制度,健全关联公司外部债权人保护制度。

In the article it ananlyzes a number of unfair phenomena where interests of the state, of the investors and of the creditors are harmed in the course of related - party transactions, and it points out that it is necessary that,on the base of the current Company Law, some relevant law system are made perfect as soon as possible, namely establishing the approval procedures for the shareholder＇ s meeting and the system of disclosing information to the public, founding the system of independent shareholders＇ supervision over related - party transactions, bettering the voting system, and perfecting the system of protecting the creditors outside affiliated companies. In this way, the related - party transactions can be further regulated and healthily developed.