Dissertation > Excellent graduate degree dissertation topics show

The Autonomy of Corporate Charter and Its Boundary

Author: HuZuoLei
Tutor: ChenZuoSong
School: East China University of Political Science
Course: Economic Law
Keywords: corporate charter autonomy boundary
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 292
Quote: 1
Read: Download Dissertation

Abstract


Influenced by the era of state-controlled economy that had dominated in China for long, the corporate law of China was always emphasizing administration control and neglecting the will of shareholders. The stipulations regarding corporate governance represent more rigidity than flexibility, which set obstacles to the development of market-directed economy. With the new Corporate Law being enacted, our country’s original corporate governance system began to loosen and the free will of shareholders has been reflected in corporate construction, operation, management by various means that are provided by law. Corporate charter, being the fundamental legal documents drafted by shareholders in regards of incorporation, operation of corporate, basic rights and obligations between the corporate, the shareholders and management level, is of great significance to the corporate governance. Now, the contents that can be freely provided by shareholders in the corporate charter have been much expanded, thus benefiting the corporate operation and protecting the interests of shareholders. This dissertation is divided into three parts, the preface, the main body and the conclusion.This dissertation is intended to discuss the autonomy of corporate charter and its boundary. Analysis methods and comparative methods have been used to give a deep illustration on the nature and contents of corporate charter, the legal environment where corporate charter run, significance and necessity of autonomy in corporate charter, purpose and practice to demarcate the boundary of the autonomy in an expectation to put forward some constructive advice on how to improve the autonomy in corporate charter and the mode of corporate governance.The origin of research, purpose in selecting title, methods of research and the structure of the dissertation are stated in preface.The main body is composed of four chapters.Chapter I cut in the whole dissertation by illustrating the concept of autonomy in corporate charter. Through analyzing the nature of corporate charter, contents and necessities of charter autonomy, we can see the new feature of legislation that autonomy in corporate charter is strengthened in Corporate Law of 2005. This chapter is trying to construct a theoretical platform for discussion in the following chapters. Chapter II illustrate the regulation of corporate law under the background of autonomy reflected in corporate charter. This chapter illustrates the deficiency that might exist in the autonomy of corporate charter basing on the theory of autonomy in corporate charter and how to limit the autonomy in corporate charter by corporate law for the purpose to interpret the autonomy of corporate charter within the scope of corporate law.Chapter III concentrate on demarcation of the boundary of autonomy. First, it is indicated that to demarcate the boundary of autonomy in corporate charter is to demarcate the boundary of legal enforcement and has its necessity whether in law or in practice. Then, the writer illustrates the boundary of autonomy for corporate charters at different stages and for different corporate pattern.Chapter IV analyze the existing problems in the autonomy of corporate charter and the boundary and put forward the writer’s legal suggestion. It is proposed to emphasize coordinating the link between autonomy in corporate charter and corporate law in corporate governance so as to develop the function and effect of autonomy in corporate charter and to maximize the benefits of shareholders.The conclusion emphasize that the will of shareholders and legal rights of corporate should be respected and the intervention from the government should be reduced, respecting the autonomy principle of private law.

Related Dissertations

  1. Numerical Investigation of Effects of Boundary Layer Suction on the Performance of Diffusion Cascade,TH453
  2. Study on the Boundary of the Behavior Space and Its Characteristic of Architectural Space,TU-024
  3. Adorno and Modernism,B83-0
  4. The Study of the Villagers’ Autonomy in China Based on the Democratization Process,D422.6
  5. The Inquiry into Women’s Political Participation under the Background of the Villagers’ Autonomy,D442.6
  6. Research on the Design and Implementation of Border Access Platform in Public Security Network,TP393.09
  7. The Impact of Autonomy Support and Its Vicarious Perception on State Self-control,B841
  8. Fractional Differential resonance boundary value problems,O175.8
  9. Categories of Second Order Ordinary Differential Equations Existence,O175.8
  10. The Chengguan District of Lanzhou City Community Autonomy Investigation Report,D921.8
  11. Periodic Solutions for Second Order Nonlinear Equations with Singular Vector φ-Laplacian-Like Operators,O175
  12. English Intensive Reading Teaching Models and Students' Autonomous Learning Ability Training,H319
  13. "Joint-Provinces’ Autonomy" Thought and Political Development of the Late Qing Dynasty,K258
  14. A Study of the Obstacles and Countermeasure in Village Committee Election,D422.6
  15. The Unification of Meaning Autonomy and Restriction,D922.291.91
  16. Monotone Iterative Method of Positive Solution to Boundary Value Problem of Nonlinear Differential Equation,O175.8
  17. Study on a Class of Sturm-Liouville Boudary Value Problems,O175.8
  18. Research on the Technique of the Side Information in Distributed Video Coding,TN919.81
  19. Characteristics of Turbulent Structure and Transfer over the South China Coastal Region,P732
  20. Research on the Structural Emission Noise of Axial Piston Pump,TH137.51
  21. Simulation of Underground Water Inrush Based on Lattice Boltzmann Method,TD745

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile