Research On The System Of Corporate Representative

Corporation is different from natural person, because its civil rectum capability and civil disposing capacity can only be fulfilled through referee's conduct. But referee has double character, natural person character and legal person character, which will easily leads the referee of corporation to abuse corporate character during the process of representing firm. That will harm the interest of company, stockholders and third party, so the consolidation of research of corporate representation is helpful to strengthen corporate interior mechanism, protect legal rights of investor and creditor, and maintain normal order of market economy. It's regrettable that traditional theory of representation lacks system research of that of legal person and in practice dealing with issue of legal person and legal representative by referring to the theory of agency system. But agency system and representation are two kind of technique of law entirely different. They can satisfy different needs of juridical person and can't be replaced mutually. There are much drawback if regulate the representative act of juristic person of corporation by using agency theory.In view of above consideration, by comparative research methods the thesis attempts to investigate corporate representation on the basis of using successful foreign legislation for reference from seven aspects, explanation and evaluation of theoretical code of representation, representative organization of corporation, delegacy of corporation, relationship between referee and corporation, privilege and obligation of proxy, representative act of company and liability of referee.