我国金融控股公司的关联交易及其法律规制

我国金融控股公司关联交易行为的危害性在经济实践中主要表现为:它极大地损害了其内部从属股东和少数股东的利益,导致国有资产的大量流失,为避税行为提供了空间,损害国家的经济利益,并容易导致金融泡沫,造成虚假繁荣的局面,从而诱发金融风险,危及整个金融业的稳定。然而在立法上,我国对关联交易的规定虽有所涉及,但却明显不足,很不健全。构建我国金融控股公司关联交易的法律规范体系迫在眉睫。

Inside Transaction of Finacial Holding Company and Its Legal Regulations in China

The harmfulness of the Finacial Holding Company' inside transaction in China is shown in the economic practice that it has damaged interests of subordinate shareholders and a few shareholders greatly, caused the generous loss of state assets, left the wiggle room for avoidance of taxes, harmed the state's economic interests and therefore created a Phenomenon of financial superficial prosperity which easily cause financial jeopardy and devastate the stability of financial industry. Some regulations about the inside transaction have already been provided in our present legislation, but they are obviously scant and not complete. Therefore, it is urgent to constitute a complete legal system for the inside transaction of Financial Holding Company in our country.