Journal of Jiangxi University of Finance and Economics ›› 2020, Vol. 0 ›› Issue (3): 126-137.

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On the Legislative Reconstruction of China’s Corporate Bond System: Based on the Linked Revision of The Company Law and The Securities Law

NIU Zheng-hao1, ZHAO Chen-guang2   

  1. 1. Peking University Law School,Beijing 100871;
    2. Beijing Jindu Law Firm,Beijing 100020,China
  • Received:2019-11-15 Revised:2020-03-17 Online:2020-05-25 Published:2020-12-14

Abstract: At present,Chinese corporate bonds are still operated and designed according to the simple contract theory,while corporate bond holders are faced with the problems of normalization of corporate bond defaults and the generalization of“thunderstorm”.The existing institutional logic cannot virtually balance the two parties,nor being able to fully protect the interests of bondholders.The principle of debt law in the ordinary sense cannot reflect the financial commodity attributes of corporate bonds;according to the theory of financial consumers,corporate bond holders should be given special protection and relief as financial consumers.Under this theoretical premise,the corporate bond regulations in Chapter 7 of the Company Law should be translated and integrated into the Securities Law for unified supervision and regulation,and the corresponding bond information disclosure system should be improved in the Securities Law to better safeguard the legitimate rights and interests of financial consumers and support the healthy and orderly development of the corporate bond system.

Key words: corporate bonds, financial consumers, The Company Law, The Securities Law, financial safety

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