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System study of the legal representative of the company in China

Author: LiGuo
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Legal
Keywords: Company’s President Company’s Benefit Safty Of Transaction
CLC: D922.291.91
Type: Master's thesis
Year: 2007
Downloads: 321
Quote: 1
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Abstract


The company is the model of juridical association. However, the legalperson differs from natural person .The exercise of its right falls to the naturalperson in the end. The design of the company president makes it act as a naturalperson. Who will represent the company involves the realization of investors’benefit and the protection of the third person’s benefit. At the same time, theexercise of the representative power also has relationship with the company’sbenefit and efficiency. Lawmaking should seek the best balance among them.About this problem, different nations have different lawmaking because of thedifferent history tradition. It deals the legal principle base of delegacy, thesubstance of Company’s president system, the feature of our nation’s company’spresident system and reforms about our nation’s Company’s president system ofthe company by comparisonThe article is divided into three parts: introduction, text, conclusion.The introduction elaborates the significance of studying company’s delegacysystem.The text is again divided into four large sections.The first section introduces the legal principle base of delegacy. It points outthat the fiction theory corresponds to the agency theory from the essence ofartificial person, the actuality theory to the delegacy theory. According to theactual effect, there is no actual difference between the Continental law system andAnglo-American’. However, from the system consistency and the law culture, itis more reasonable for our country to use Germanic law for reference and acceptsthe delegacy theory.The second section introduces the substance of Company’s president system.The function of Company president is expressing the idea of the company andexecuting the will of the company. According to the theory of expressing idea incivil law, the standard of the line of duty of company representative is expressingthe idea truly and realizing the profit of the company furthest. This section meansthat how to give Company’s president right is the company’s own will. The aim of Company’s president system is realizing the company’s managing by itself andthe pretection of creditor’s benefits.The third section introduces the feature of our nation’s Company’s presidentsystem, it introduces our nation’s Company’s president system.. Our nation’ssystem is "Legal and exclusive". Our nation’s system is influenced by our nation’spolitical system and conscious style. "Legal and exclusive" system has muchharm. To the company, it can’t act by it’s own idea; The representative’s power isso strong that it is dangerous to the company’s benefits, in the meantime,Company’s president as the single person who represent the company is easy toabuse his power and it is harm to the company’s managing. To the representative,his load is too heavy. To the creditor, the system also bring him much trouble andit is not good at his benefits. The system of responsibility of Company’s presidentis putting importance on public law but no importance on civil law. It is not goodat the protection of the third person’s benefit and intense the president’s attention.The last section puts forward reforms about our nation’s Company’spresident system. Firstly, it introduces the Company’s representative’s systemoutside our nation. Then elaborates the writer ideas about Company’s president’sreformation. We should allow the company make the representative systemby chapter; establish the system of tasting the qualifications of representative:First. positive conditions. Second. negative conditions, Third. the shares of thestock that the representative must have; cancel the compulsive system of register;change the president’s responsibility’s system.The conclusion part is the author’s introspect on the Company’s president

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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