Study On The Evolution Of Corporation Law System In Modern China

The enterprise is important for social development as micro-foundation and basic unit under the market economy system.The company,as an advanced form of enterprise organization development,plays significant roles to promote economic development and industrialization.Furthermore,the crucial factor for the outburst and expansion of western society is the establishment of company systems,which has close relationship with the development of a company.In order to maintain and consolidate the commercial rules formerly,some western countries in modern times implemented company legislative activities.Therefore,the concept of "corporate" as a for-profit legal person has appeared in the western world in a real sense.Compared with western society,the emergence and development of the legal system in modern Chinese corporations have its special characteristics.Chinese corporation law system practice underwent evolution for six time in total: the first evolution was the publication of "China Merchants' Steam Navigation Company Charter" with a substitute effect of the corporation law in 1872;the second evolution was the publication of "Corporation Law of Qing Dynasty" with groundbreaking significance in 1904;the third evolution was the publication of "Regulation for Corporations of the Republic of China" in 1914;the fourth evolution was publication of "Corporation Law of the National Government of China" for "profit" purpose in 1929;the fifth evolution was the establishment of "Corporation Law" for the purpose to develop state-owned enterprises in 1946;the sixth evolution was the establishment of the "Company Law" in 1993,which put forwarded the conception that company and officially re-entered Chinese economic and social regulations.As the improvements of contemporary Chinese company law benefits from the practice of the modern corporation law system,this article uses the timing of the promulgation of the modern corporation law as the clue to reveal the evolution of the modern Chinese corporation law system based on the "China Merchants' Steam Navigation Company Charter",which is related to the modern corporation law system,and the four corporation laws study the corporation's development status,legal system premise,interest group game process,and economic impact.This article conducts research based on the theory of institutional evolution and evolutionary game theory,and focus on the emergence of the corporate thinking in the late Qing Dynasty,the practice of the corporation for businessmen with the evolutionary sequence of corporate law as a clue.This paper mainly analyzes the five stages of the evolution of the corporation law system,including the corporation budding phase of the law system,the replacement of businessmen's practice and the franchise corporation system,the exploration and transformation of the franchise corporation system to the standard corporation system,the joint participation of government and business to lay the foundation of the modern corporation law system,the joint development of the government and business to improve the corporation law system,the competition between government and merchants for corporation property rights led to the alienation of the corporation law system during the Anti-Japanese War period and the characteristics of multi-party game behavior among bureaucrats,businessmen,and other groups during the five stages,and finally reached a critical conclusion.The main contents of this article include: the first chapter is the introduction.The second chapter puts forward the five-stage evolution model of the corporation law system: budding,starting,initial development,standard development and alienation.The third chapter is the budding stage of corporation law system(1840-1872).It mainly analyzes the process of bureaucratic drafting of the "China Merchants' Steam Navigation Company Charter" of 1872 under the condition that there is no corporation law and the original legal system framework cannot accommodate the new economic factors due to the chinese merchant take stakes in foreign corporations.The fourth chapter is the starting stage of the corporation law system(1872-1904).It mainly analyzes the process of central government promulgating the "Corporation Law of Qing Dynasty" of 1904 under the condition that the demonstration of the "China Merchants' Steam Navigation Company Charter",the corporate governance gradually revealed the lack of supervisory managers in the official business group,which led to the urgent need to break through the bottleneck of the corporation law system in the development of industrial and commercial late Qing Dynasty.The fifth chapter is the initial development stage of the corporation law system(1904-1914).It mainly analyzes the process of bureaucrats and business people jointly promulgating the "Regulation for Corporations of the Republic of China" of 1914 under the condition that the problem of internal moral hazard of the corporation and the situation of official stripping business rights under the "Corporation Law of Qing Dynasty",as well as the lazy behavior and opportunism of businessmen,which leads to the fact that the “Corporation Law of Qing Dynasty” can not make China establish a real economic freedom and democracy in China.The sixth chapter is the standardized development stage of the corporation law system(1914-1929).It mainly analyzes the process of the Nanjing Government promulgating the "Corporation Law of the National Government of China" of 1929 under the condition that the lack of the legal person's shareholding system in the "Regulation for Corporations of the Republic of China" has led to the lag in the development of family corporations' external investments.The excessive number of the non-profit purposes of the corporation makes a profound impact on the development of the corporation,so it never achieves improvement of breakthrough in the field of fundamental revolution for state-owned corporations.The seventh chapter is the alienation stage of the corporation law system(1929-1946).It mainly analyzes the process of the Nanjing Government promulgating the "Corporation Law" of 1946 under the condition that the "Corporation Law of the National Government of China",which targets private enterprises,is difficult to meet the needs of vigorously developing state-owned enterprises.The eighth chapter of the paper is the conclusion of the paper.