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The Studies Of Company Representation Right

Posted on:2006-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:H Z SongFull Text:PDF
Abstract/Summary:PDF Full Text Request
The legal representative system in the present company law in China revealed many malpractices in the practice. This article plans to revolve the core concept "the company representation right", through the analysis of the representation and the representation right theory, simultaneously through the comparison to the related foreign legislation experience and the practice, to draw a corret conclusion. In this foundation, this article discusses the flaw and the origin of the sole legal representative system in Chinese present company law , and proposes the reforms and consummations of Chinese company representation right system, namely abolishes the present legal representative system andestablishes the new company representation right system——the representative trusteesystem. According to the principle of meaning autonomy, the company can independently arranges itself representative through its regulation, not forcefully stipulated by the legislation. So the company management structure will be further optimized, and the operation efficiency and operation safety will be enhanced.The company law will be revised shortly, the revision suggestion manuscript by Wang Bao Shu has also maken the corresponding system arrangement regarding this question. Although many people has discuss this question, but they have their different viewpoints respectively. This article wants to ponder and explore furtherly on the cornerstone which the predecessor establishes for the establishment and the consummation of the company representation right system..
Keywords/Search Tags:Representation, The company representation system, Representation right, Representative trustee, Legal person representation right
PDF Full Text Request
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