Company Executive Restrains The Machine-made Legal Research

Along with modern company's flourishing more and more daily, the company enhances day by day to administrative personnel's specialized degree request, the professional manager arises at the historic moment, the manager has formed a society's important social stratum gradually, becomes the new power which the corporate growth cannot be substituted. As a result of the right of capital property ownership and the right of management separation, the manager uses aspect the and so on information resource superiority, urges the company to manage the goal deviation and to serve for oneself, therefore, establishes the science, the consummation, standard manager the level inspector general restrains the mechanism imperative already.This article first attempts from manager's legal status to obtain, draws out manager to have the multiplex role the particularity, the union restraint mechanism general theory foundation, obtains carries on the restraint to manager the necessity. Meets down, this article domestic and foreign manager which has has restrained the mechanism take at present the basic pattern (mainly to include direct restraint machine-made and indirect restraint mechanism) as a sample, carries on the effect analysis one by one. At the same time unifies our country manager to restrain the mechanism the present situation, the analysis suits our country national condition, is advantageous in promotes the our country Corporation healthy development effective manager to restrain the mechanism. Finally, puts forward the legislation perfect several proposals in this foundation.The full text includes four parts:First part, introductory remarks. After proposed this article selected topic, carries on the narration to the correlation research condition, the elaboration this article research technique and the innovation spot.The second part, proposed company executive's concept has two cores meanings. Analyzes manager's legal status, obtains company executive to have the multiplex role is the company institution, the company represents, the agent as well as the employee multiple status, manager with other benefit main bodies relations, then proposed carries on the restraint to manager the necessity.The third part, manager restrains the mechanism constructing. Distinguishes some two big kinds of patterns. Direct restraint machine-made and indirect restraint mechanism. Direct restraint mechanism including contract constraint mechanism, regulation restraint mechanism and organization restraint mechanism. The indirect restraint mechanism including the legal restraint mechanism, the market restraint mechanism, the manager association restrains the mechanism and the media restraint mechanism. Through carried on the effect analysis one by one, the author proposed our country still had the insufficiency in the organization restraint mechanism, hoped again constructed the organization restraint mechanism. At the same time the legal restraint mechanism also needs to supplement the shareholder lawsuit mechanism.The fourth part, restrains the mechanism legislation perfect suggestion to our country company executives. Mainly includes the organization restraint mechanism the heavy construction;Introduces the shareholder lawsuit mechanism in the legal restraint mechanism (derives lawsuit mechanism including shareholder direct lawsuit mechanism and shareholder);Moreover in the usual manager drove in the mechanism under the salary system waits for in strengthens to manager's salary restraint, the author puts forward several proposals regarding this.This article innovation mainly has two: One, the research angle of view quite is new. Usually said that, studies manager's status comparison to see, but studies manager's restraint mechanism not to see. In the economic has quite many studies manager's drive mechanism, but studies manager's restraint mechanism not to see.The second innovation spot lies in the attention usability and the feasibility. The author thought does not need to suppose someone newly the law or someone the laws and regulations, this not only is legislates the resources waste, also is not actual. The author suggested in existing "Law of corporation" in the foundation makes some supplements and the consummation. This is tallies actual, also has the certain feasibility.