Freedom, Efficiency, Order And Security

What is the role of nation and government in the field of firm? These questions always should be answered in the practice of the company law: company autonomy and government regulation, how are they interdependent and harmonious in the course of mutually independent, conflicting and confronting? Especially in china, where is the clear line between company autonomy and government regulation in present company law and the suggested draft of its amendments? These issues are what we want to resolve and clarity in this thesis.The first part is "Theoretical Analysis of the Company". Company, as the subject of the company law, is the object of profit. The history of corporate development is the interaction of company autonomy and government regulation. It is the complex process to explore the value of factors behind the company. Freedom, efficiency, order and security are the high band value factors, which are found behind in certain systems and rules, therefore should be maintained and drawn conclusions properly. Company law has broken through the tradition division of public law and private law in the Continent Law. It is the function of the company law to regulate and coordinate the relationship between corporate and government. The neutrality of company law requires that compulsory legal criterion should be combined with optional legal criterion appropriately in the structure of the company law.The second part is "The Freedom in the Company Law". Company autonomy can be observed in daily life, however, its theoretical supports can be traced back to economic, ethical, juristic and political aspects. The structure of corporate is the mechanism for keeping a deliberate balance between conflicting interests. The necessity of company autonomy should aim to prevent and prohibit government failure. The building of corporate personality is the premise of company autonomy. The content of company autonomy is composed of the independent state of property, responsibility, will express and so on. In modern society the meaning of company autonomy has changed and the freedom of corporate has been limited increasingly.The third part is "The Government Regulation in the Company Law". In the sight of the relationship between company and government, government regulation is a concept been worth of advocating. Because it stresses that the government's acts have based on the limitation of statutes, regulations and rules. The value of government regulation is the main reason that state and government intervene in the field of corporate. The ev6lution of government functions performs the different theoretical paradigm. The theories of the corporation's social responsibility and the disregard of corporate personality perfectly embody the role and the moderation of government regulation. Inappropriate government regulation triggers disadvantages in the process of it.The fourth part is "The Dialectical Relation of Company Autonomy and Government Regulation". From the aspect of confliction and coordination between company autonomy and government regulation, this part explores the limitation of company autonomy and moderation of government regulation. On the basis of the preceding exposition, the part puts foreword the scope of government's proper regulation, analyzes some questions in the course of confrontation between company autonomy and government regulation, emphasizes their coordination in the criterion of company law, corporate constitution, market access and judicial intervention.