Electric business boss "VIE" selfish or not too much: legal means to fight for rights and interests

Since the Alipay incident sparked fears at home and abroad about the risk of a Chinese venture's unique vie (agreement control) structure, the VIE has emerged from time to time to stimulate the vulnerability of overseas investors, venture capitalists and domestic entrepreneurs. Coincidentally, in this year's two sessions, two CPPCC members, but also two of it bosses have said that the VIE will submit proposals.

According to media reports, Jindong will submit proposals on monitoring the risk of the VIE at the CPPCC meeting. In Jindong view, the electric business enterprise relies on the overseas capital to prepare the overseas listing to become the trend, but the cooperation form most is the overseas capital through the Agreement control mode to participate in the domestic electric business. This model will lead to the electric business industry "business in the domestic, investment in the foreign market," the phenomenon of industry development, the security of the national economy has a major hidden dangers, so require the state to carry out strict supervision.

The other is Baidu CEO Robin Li. Li's point of view is diametrically opposed to Jindong, who suggested that the restrictions on the VIE structure should be removed from the Investment Merger review and licensing, and that full national treatment would be granted. As for the sensitive field, the VIE enterprise that tries to control the actual operation right of the enterprise is open to the Chinese natural person.

It review site Tiger sniffing network in the evaluation of the matter, said: "I urge you to represent members, MO to national interests, package enterprises a selfish." Objectively speaking, Tiger Sniff on the proposal of selfish theory is not without factual basis, Jindong's Su Ning is a pure private enterprise, and his biggest rival Jingdong has attracted a large amount of foreign capital, and is brewing in the VIE structure overseas listing. In view of this, Jindong's proposal is very obstruct for competitors, and to see Robin Li's Baidu, it itself is one of the largest beneficiaries of the VIE agreement model, in the form of a proposal in the two sessions of the VIE Model Owl, also clearly for their own enterprises to exclude potential policy risks. Their two-bit proposals are all about "selfish".

But the question is, "national interests" must be opposed to "one's own selfish"? This view is clearly due to the fact that there is no understanding of modern Democratic representative. China's people and the CPPCC system are a kind of representative, and the representative refers to a person on behalf of a particular group, and others on behalf of other groups, on the common problems (affairs) of the deliberations and discussions. In this respect, in the CPPCC meeting, Li and members of the Committee Jindong on behalf of the interests of the groups behind them, expressing different demands, it is too normal, it is not only their rights, but also their responsibility. On the contrary, if a member cannot speak on behalf of the group behind him, a little "selfish" does not, that is a strange thing.

The so-called "national interests", sounds very grand, very correct, but in the final analysis by the national and ethnic groups of different groups of interests, under the leadership of the ruling party, in the two sessions, different interest groups to express their views, from the game to seek harmony, and finally achieve a unified national interest. For example, in the case of the VIE, without discussion and vote, who can make sure that Li or Jindong's opinion is selfish and which is the national interest?

Robin Li or Jindong, the members of the business community can speak freely and fight for their own rights and interests by lawful means, not to blame, but also a manifestation of the improvement of social democratic consciousness. Or some people will ask, if the representative of the "selfish", for the enterprise, the industry endorsement, whether will lead to the state power by interest groups hijacked? This worry is reasonable, but one of the essence of democracy is a kind of open the interests of the participation of the game, if your selfishness magnified, naturally there will be offended the interests of other representatives to stand up against, the greater the selfishness, the more absurd, then the voice of the opposition must be more.