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上市公司国有股协议转让面临一系列的法律问题。就其交易环境而言,解决好政府监管和市场主导的关系是营造公平、公正、公开的市场秩序的首要问题,必须把政府在国有股转让中的行为限制在法律的规制之内,同时按照市场化的原则确定法律规则。国有股协议转让的交易价格确定和国有股持有人在交易中的法律责任是保证证券市场健康发展的两个必要因素,其重点在于通过外部约束规范国有股持股人在转让中的行为来保障其他股东,特别是中小股东的权益,进而促进证券市场乃至整个资本市场的发展和稳定。
The transfer of state-owned shares of listed companies faces a series of legal problems. As far as its trading environment is concerned, solving the relationship between government regulation and market-leading is the primary issue of creating a fair, just and open market order. It is imperative to limit the government’s behavior in the transfer of state-owned shares within the legal regulation and at the same time follow the market The principle of change determines the rules of law. The determination of the transaction price for the transfer of the state-owned shares and the legal liability of the holders of the state-owned shares in the transaction are two necessary factors for the sound development of the securities market. The emphasis is on protecting the performance of other shareholders by regulating the behavior of the holders of state-owned shares in the transfer through external constraints , Especially the rights and interests of minority shareholders, so as to promote the development and stability of the stock market and the entire capital market.