Company Legal Review. Volume 2003

Author: Gu Gongyun
Publisher:
Publish Date: 2003-09-01
Features: In recent years, the Company Law Research Center of East China University of Political Science and Law has hosted the Journal of Company Law Review, the Company Law Forum, and the Company Law Information Network, which have garnered increasing attention from readers. Here, we would like to express our gratitude to all friends who have always cared for and supported us. The journal presented to the readers is Volume 2003 of the Journal of Company Law Review (Total Volume 3). We sincerely hope that more readers will appreciate it. The "Annual Legal Report" column features the 2002 China Securities Market Legal Research Report written by researchers of our center. This report comprehensively reviews and analyzes the basic conditions of legal development in China's securities market over the past year, covering topics such as the opening-up of the securities market, corporate governance of listed companies, mergers and acquisitions, and the securities civil compensation system.
The "Company Law and Legal System" column publishes four papers, including macro-level reflections on the company law and reform proposals for specific systems. The paper The Pathways to Company Law Reform by Professor Chen Qinghan, Dean of the Faculty of Law at the National University of Singapore, is a speech delivered at the Company Law Forum. The speech introduces the basic direction and recent developments of company law reform in Commonwealth countries, offering valuable insights for further reforms in China's company law. Professor Lin Xiupin has conducted extensive research in the UK. Her paper Legal Economic Thinking on the Limited Liability System examines the rationality of the limited liability system from a legal economic perspective, pointing out that abolishing the limited liability system could incur significant costs. Cao Shunming's paper Research on the Legal Issues of Directors' Non-Compete Obligations provides a detailed elaboration on the concept, content, and nature of directors' non-compete obligations, while also proposing legislative recommendations to improve China's company law on this issue. The paper On the Reform of Enterprise Registration and Administrative Approval Systems comprehensively reviews the current administrative approval system in enterprise registration and registration, proposing long-term reform plans and short-term improvement measures.
The "Corporate Governance" column publishes three articles. The paper Research on the Legal Issues of Listed Companies' Delisting is an abstract of a research project commissioned by the Shanghai Stock Exchange and undertaken by our center. The "Securities Law" column features the paper Development of Insider Trading Regulation and Its Legal Economic Analysis, which employs a legal economic research method to analyze the supply and demand relationship of insider trading regulation, concluding that the development of insider trading regulation largely depends on a country's equity structure. The manuscripts in the "Legislative Reference" column are primarily provided by Dr. Jing Tao, who is studying in Belgium. The "Theoretical Review" column continues to summarize the main research achievements in the three key fields of company law, securities law, and bankruptcy law in 2002. The "Case Focus" column, as a distinctive feature reflecting the journal's style of linking theory with practice, selects seven notable cases that occurred in China's securities market in 2002.