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The Unification of Meaning Autonomy and Restriction

Author: ShenJiaLe
Tutor: WuJian
School: East China University of Political Science
Course: Legal
Keywords: Autonomy Articles of autonomy Corporate Governance Company Regulation Social Responsibility
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 32
Quote: 0
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Abstract


The Companies Act One important principle is that the autonomy of the Company. Largely decide the affairs of the company, as the freedom of the individual is to establish the premise does not affect the freedom of others, and the autonomy of the company are also subject to certain constraints, namely the regulation of corporate autonomy. However, when the need to self-government, when the need for regulation of the Company, where boundaries between autonomy and regulation can be unified into a standard up, this is what this article to explore the answer. The structure of the paper is divided into three chapters: Chapter autonomy takes. Mainly from the Company Law the foundation began exposition autonomy, specifically was divided into two parts for analysis, the theoretical basis of corporate autonomy and economic base. Future with the foundation, the author of the legal space of the autonomy of the Law in China in the Articles of Association of the Company carding, draw some extent, the company's autonomy is the conclusion of the autonomy of the Articles of Association of the Company. Then, the author shows that the attitude of the company's autonomy, we should fully respect the autonomy of the company. The second chapter of the Autonomy of the regulation. This section discusses three questions: a corporate governance mechanism; 2, the boundary of the peremptory norms; 3 autonomous judicial restrictions. When it comes to the regulation of corporate autonomy, we only have to understand the corporate governance mechanism, the connotation of corporate governance, the structure and mode of more in-depth at the legislative level and judicial levels to specific the discourse company Autonomy rule of law . So in the corporate governance mechanism, the author of peremptory norms, typed, and how to achieve an analysis. Then corporate autonomy does not rule out the argument of judicial intervention, and changes in the function of judicial intervention made specifically addressed. Chapter meaning autonomous and unified regulation. Law in China in part both the autonomy Autonomy regulated part analysis, however, some aspects more autonomy, such as the establishment of the company when the monetary contribution by the company to decide the category of shareholder-financed property can be more diverse, whether the price of the stock issue can only be beneficial price can not be less than the par issue, the size of the board of directors issues; some parts can be more regulation. Every law has its spiritual nature, the best dynamic balance of autonomy and regulation can be unified in the company's social responsibility.

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