Studies Of The Protection Of The Power Of Company Manager By Law

Influenced by the theory of entrustment, our existing Company Law merely consider the issue of the "three power", they are shareholders' meeting, boarder of directors and supervise committee, while there is no setting eyes on the importance of protecting the power of manager. It resultes in a conflict between "manpower" and "capital", and limited exertion of the merit of the manpower capital which is represented by the manager, restricts the development of companies in our country.The dissertation starts with analyzing the connotation and the evolution of manager and the power of manager, and so forth. With the analytical method of demonstration, it analyses variety phenomena of violating the power of manager, educes the conclusion that interfering indirectly, commanding directly, reducing to demission and depriving the power of manager randomly are the main violating modes and the violating root cause is the major shareholder, and points out the serious harm of violating the power of manager to manager, company and society. With economically analytical method, the dissertation clarifies the necessary and the special realistic meaning of protecting the power of manager by law in our country. Further more, theoretically, the dissertation analyzes the academic base of protecting the power of manager, such as the theory of the separation of ownership and managing power, manpower capital and interest balance.In comparing with analytical method, the third chapter of this dissertation reviews the legislation and judicature practice of two main law system about its protecting on the "forehand" necessary, the "in-process" obviating and the "afterward" security of the power of manager, analyses and appraises their idiographic measures. Based on the reviews of the current status in our country of violating the power of manager in the 2nd chapter and the protecting domestically and abroadly of the power of manager in the 3rd chapter, the fourth chapter commented and evaluated the legislation status of the new Company Law about protecting the power of manager in our country, consequently elucidates the two principles of protecting the power of manager in the domestic companies, one is paying equal attention on...