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上市公司收购引发的控制权之争纠纷日趋增多,现行的解决机制存在规则不清、授权不明、约束力不足等问题,在综合效率、协调衔接等方面也存在需完善之处,导致问题解决效能难以符合市场的实际需求。本文基于对实践案例的梳理,分析现行争议解决机制存在的不足,立足国内市场现状和法制环境,提出系统性完善相关解决机制的建议。
The controversy over controlling rights arising from the acquisition of listed companies is increasing day by day. There are problems such as unclear rules, unknown authorization and insufficient binding in the existing settlement mechanism, and there are still some problems to be solved in the aspects of overall efficiency, coordination and coordination, Difficult to meet the actual needs of the market. Based on the combing of practical cases, this paper analyzes the shortcomings of the existing dispute resolution mechanism and puts forward suggestions on how to perfect the relevant settlement mechanism systematically based on the current situation in the domestic market and the legal environment.