A Research On Legal System In Corporation Rules

Corporation rules are public natured legal documents that clearly and concretely stipulate the organization, operation, dismissal, name and purpose of corporation together with the rights and duties of shareholders or directors.Being one of the most important legal documents, corporation rules are tools used for internal management on one hand. They are basis for establishing legal relationship and solving disputes between corporation and its shareholders, directors and supervisors. On the other hand, they are essential conditions to legally set up a corporation by which government can control.Furthermore, in order to make profits, corporation must join in the market economy during which various legal connections happen between corporation and other subjects. At this time, corporation rules are of great importance in guiding practical operation of corporation affairs.Because corporation rules are significant in legal affairs, many countries put relevant stipulations into Corporation Law.The content and nature of corporation rules is no longer a problem of itself. It also involves in the relations between the legal norm of Corporation Law and corporation rules, party autonomy and corporation rules, even between legal norm and party autonomy. Therefore the research of serials of problems in corporation legal system should basic on the research of corporation rules, for example, the research of corporation rules' effects and corporate social responsibility. In order to perfect corporate legal system, we should have a unified knowledge of corporation rules.Though corporation rules are very important in corporations and corporation laws, contradiction still exists. Because economical systems, cultural traditions and legal systems are variable among different countries, some concrete system stipulating is different too. For instance, the form of corporation rules is different between continentallaw system and British law system. The difference causes different requirement in the recording content. Different stipulating of corporation rules makes international economical cooperation more difficult.My paper is built up by five parts which are the conception, characteristics, effect, content, function, nature of corporation rules. In this way, we could get start at the basic characteristics of corporation rules, make theoretical analysis respectively about related issues and find the relevance between them on this foundation.The comparison between continental law system and Brirish law system in my paper reflect in the discussion about the conception, function, content and characteristics of corporation rules. For the first, in stead of taking "truth" as one of the characteristics of corporation rules which are acknowledged generally, I think the characteristics of corporation rules should only be "statutory" and "public". For the second, I discuss the function of corporation rules in the aspect of "corporation building" and "corporation operation " according to the time and scope which corporation rules occur in corporation operation. For the third, I bring up the rebuilding of the corporation rules by the statutory analysis of the contents of the corporation rules. Meanwhile about such issues like the conception and characteristics of corporation rules, I do not draw a conclusion after some discussion. Yet this does not mean there is no conclusion. For on one side the fact is so clear that there is no need to discuss more after the comparison and analysis of legislation of all countries. On the other side it is not easy to describe clearly the issues with just several sentences for the limitation of the acknowledgement and the complex of the issues. It is better to leave some space for further research.I take the nature of corporation rules as the most important and hard part of the research on corporation rules. So I put them at the end of my paper. Except for the importance of its status, I hope there is someone to provide some criticism for me to get improved. Although corporation rules get such characteristics like "contract theory", "charter theory" and "autonomy theory", it just reflect the inner and external side of corporation rules. This is the mine line of my discussion about the characteristics,function, content of corporation rules.At the ending of my paper, I mention the relationship between the corporation rules and solving other issues of a corporation. In fact, I call research on corporation rules as "research on legislation". For these issues involve too many fields which can be covered in my paper.