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控制权价值日益受到人们的重视,拥有控制权的股东在转让股权时还让渡了一个控制权利益,在实践中转让的股权却并没有对控制权进行价值衡量,这很大程度上违背了公平原则。本文从控制权的价值出发,对其合理性进行分析与论证,在此基础上对股权转让中控制权这部分价值转让的制度进行探究,提出几种初级模式,并对其进行优缺点分析,为以后该制度的完善打下一个基础。
The value of control is increasingly valued by people. Controlling shareholders have also given control of their rights and interests when transferring their shares. In practice, the transferred shares do not measure the value of control, which is a great violation. The principle of fairness. This article starts from the value of control rights, analyzes and demonstrates its rationality, and on this basis, explores the system of transfer of control rights in equity transfer, proposes several primary models, and analyzes their strengths and weaknesses. To lay a foundation for the future improvement of the system.