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目前在我国的上市公司协议收购制度中,对中小投资者利益保护制度的不完善仍是突出问题之一。因此,应坚持加强中小投资者利益保护和保障市场长远健康发展的基本理念,规范协议收购制度建设。就我国协议收购的立法情况而言,现阶段协议收购中仍存在信息披露不完善、制度可执行性较低、过于依赖行政监管等问题,为了解决这些问题,我国应该健全信息披露制度,增加预警预测信息;同时应强化控股股东举证责任,建立诚信确认制度,并逐渐完善民事责任追究与赔偿机制。
At present, the imperfect system of interest protection for small and medium-sized investors is still one of the prominent problems in the system of agreement acquisition of listed companies in our country. Therefore, we should adhere to the basic concepts of strengthening the protection of the interests of small and medium-sized investors and safeguarding the long-term healthy development of the market, and standardize the construction of the agreement acquisition system. In terms of the legislation of the agreement acquisition in our country, there are still some problems such as imperfect information disclosure, low enforceability of the system and over-reliance on administrative supervision in order to solve these problems. Our country should improve the information disclosure system and increase the early warning Forecast information; at the same time should strengthen the burden of proof of controlling shareholders, establish a system of credit recognition, and gradually improve the civil liability investigation and compensation mechanism.