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上市公司资产重组中的关联交易在我国资产重组中占有重要的地位,如何对其进行法律规制,充分发挥其积极作用,是目前急需解决的问题之一。本文运用法经济学和博弈论的相关理论对上市公司资产重组中非公平关联交易的影响及其成因进行了分析,建议规定有关侵权人的连带责任、采用举证责任倒置原则、进一步完善证券法,以更好地规范上市公司资产重组中的非公平关联交易。
Related party transactions in assets reorganization of listed companies occupy an important position in the reorganization of assets in our country. How to regulate them and give full play to their positive role is one of the most urgent problems to be solved. This article uses the theory of law and economics and game theory to analyze the influence and causes of non-fair related party transactions in assets reorganization of listed companies. It is suggested to stipulate the joint and several liability of the infringer, to adopt the principle of reversal of the burden of proof, to further improve the securities law, In order to better regulate the non-fair related party transactions in the assets reorganization of listed companies.