关联交易对中小股东利益侵害的现状及法律对策

关联交易具有正负两方面效应,不公平、不公正条件下的关联交易严重损害了中小股东利益。面对关联交易对中小股东利益侵害的六种情形,我国应从控股股东的诚信义务、关联交易的信息披露、股东表决权排除、股东派生诉讼、独立董事、公司法人人格否认等十个方面采取相应的法律对策,以保护中小股东利益。

On the Status Quo of the Encroachment on the Interests of the Interme Diate and Small Shareholders in Connected Transactions and Legal Countermeasures

The connected transactions,carried out under unfair or unjust conditions,have both positive and negative effects.They have seriously encroached on the interests of the intermediate and small shareholders.Facing the six conditions and the causes of the encroachment on the interests of the intermediate and small shareholders in connected transactions,we should use these corresponding legal countermeasures in our country to protect their interests such as honesty responsibility of the share holders,information disclosure in connected transactions,the removal of the right to vote of the shareholders,the derivative lawsuits of the shareholders,independent director,personality repudiation of legal person.