Study Of Corporate Autonomy

The present dissertation bears upon a classic topic—corporation autonomy. Different from the previous studies, the present article sails its study from the perspective of the relationship between party autonomy and corporation bylaws and the significance of corporation bylaws to corporation autonomy. The present dissertation suggests that corporation bylaws autonomy is the most demonstration of corporation autonomy. It is the direct reflection of corporation autonomy that if the autonomy of corporation bylaws can be realized, or to what extent can it be realized. Party autonomy is the theoretical cornerstone of corporation autonomy. The relationship between corporation autonomy and party autonomy directly embodies itself in the relationship between corporation bylaws autonomy and party autonomy. In other words, party autonomy serves as the theoretical foundation of corporation bylaws autonomy.The present dissertation can be divided into two parts according to its reasoning logic, namely, the part for theoretical review and that for positive analysis.In the part for theoretical review, the present dissertation logically connects party autonomy and corporation institutions, two theoretical cornerstones for the paper, through the elaboration of the two concepts, including the historical review and forecast for the development of them, and points out the internal relationship between corporation bylaws autonomy and them. By doing so, a theoretical platform is established for the argument. To be specific, this part includes the first three chapters of the dissertation. In chapter one, systematical research is made on the theoretical basis for corporation bylaws autonomy, namely, the significance of party autonomy to corporation bylaws autonomy. Proceeding from a semantic study of party autonomy, the author compares party autonomy with other similar concepts and points out the real meaning of the concept and its important significance and role to the development of the Corporation Law. This is the logic presupposition of the present dissertation. Chapter two is dedicated to the scrutiny of the evolution of corporation institutions. It clarifies the institutional foundation that corporation bylaws under party autonomy bases on. The author makes the observation that since the emergence of corporation as a legal institution (or even earlier), the concept has been one of the most important demonstrations of party autonomy. No matter how relevant theories develop, accompanied by national enforcement, party autonomy has always lingered around corporation institutions as either a complementary or coexisting factor. Chapter three sets out from the theory of party autonomy and corporation institutions, defines the nature of corporation and the status of the Corporation Law, and analyzes the relationship between autonomy and regulation, and the best environment for cach of them to work, thus working out the internal factor for corporation bylaws autonomy-the nature of corporation bylaws as being norms of autonomy, and the external factor-the nature of Corporation Law as being a private law. Based on these...