Comparative Study Of Company Laws In Mainland And Taiwan

"Company law" is one of the important branches of Commercial law. The content of the Company law is quite complicated. "Company law of PRC" has been put in force for over ten years, and the amendment of this law has currently become the key work of the company law field and relative departments. This thesis is carried out on the basis of the analysis of the "company law" of Taiwan District especially of its revised edition on 12th, Nov. 2001, and proposes some immature proposal for the current amendment of company law inland. The view points are as follows:On the definition of company, we propose to adopt a general model. To be specific, company can be defined as" company shall be a legal entity aiming at making profit, organized in accordance herewith. " On the sorts of the company, the parent and subsidiary companies and in broader sense the relative enterprise should be regulated concretely, definitely, and feasibly.The establishment of corporation should adopt "strict-rule" principle, assisted by the limitation of the business permission system. As for the capability of company, company law should relax the limitation to the capability of company for providing a loan, but should totally forbid giving company assets as security of debt.On the capitalism of the company, we should adopt "authorized capitalism", and decrease the minimum of the required sum of the capital and relax the limitation to the way of providing capital.On the organization of the company, we should adhere to double-committee system, and concerning the distribution of the power, we should continue the shareholders' committee oriented principle. Referring to the limited liability company, we should add some personal flavor to cater to the requirement of the investors.To enhance the protection to the minority of the shareholders, we should...