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The Logical Analysis Of "the Company Problem" In The Company Legal Person System

Posted on:2007-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Q HeFull Text:PDF
GTID:2166360185459008Subject:Logic
Abstract/Summary:PDF Full Text Request
The company legal person system establishment took a great invention, it has entrusted the company with the independent personality, has simulated investor's enthusiasm and enormously promoted the economic development in the society. Therefore, the company legal person system becomes an important legal system, and continues to be used nowadays. However, because of the flaw in the company legal person system itself, various company shareholders at home and abroad have the chances to abuse company legal person independent personality, as a result, it will bring harm to the company creditors, as well as the social public interests. Since 1990s, the same as other countries in the world, the company problem also occurs in our country's company legal person system, to make the matter worse, the existing law, regulations and policy cannot solve it effectively. The company problem in our country has affected our country socialist market economy establishment and perfection. Therefore, this.thesis will explore the deep reason of company problem with the guidance of logical analysis, and put forward the enlightenment of policy to solve it, so it has important realistic end theoretical significance. This thesis will be unrolled as follows:First, the generation of the company legal person system. In the first place, the formation of company legal person system and its contents, then the illustration of its basic characteristics.Second, the company legal person system, namely "company problem". This part firstly analyzed the company problem's connotation and extension, then proposed the definition of "the company problem", and finally described its main performance characteristics, (1) the company independent legal personality seems to exist but in fact it does not have. (2) the registered capital is not solid, the legal person personality is incomplete throughout. (3) the articles of the company are illegal, and the organization agencies are imperfect. (4) the company shareholders dodge the legal duty, dispense the responsibility of right infringement and carry on the malicious cheat.Third, the logical analysis for the reason of " the company problem". It is carried out from four aspects: this part firstly analyzes the default of legal principles in the company legal...
Keywords/Search Tags:the company legal person system, logical analysis, the company problem, the company legal person personality denial
PDF Full Text Request
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