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交叉持股现象是股东法人化与公司结构网络化的产物。作为一项基于法人持股而产生的技术性手段,在改革开放后,它如同其他股权分置手段一样被传入中国并为市场所熟知。但基于特定的政治经济原因,立法者在明知其利弊的情况下对交叉持股的法律规制措施进行了人为的隐匿。但随着经济市场自由化的推进,对交叉持股规则进行法律上的重建也逐渐成为一个现实性需求。
The phenomenon of cross-shareholding is the product of the legalization of shareholders and the network structure of the company. As a technical measure based on the legal person’s shareholding, after the reform and opening up, it has been introduced into China and is well-known in the market as other means of share-trading. However, due to the specific political and economic reasons, legislators have made artificial concealment of the legal regulation measures of cross-shareholding under the circumstance of knowing their pros and cons. However, with the liberalization of the economic market, the legal reconstruction of the cross-shareholding rules has gradually become a realistic demand.