The Research On The Issues Of State Coercion In Corporation Law

As the principal part of the private law, company is the product of mutual function and development between the different systems such as polity, economy and law. The economy activity in the market do not exist without the participation of the company which has the complete form of the modern enterprise. As an organization with independent character in the law, company needs its autonomy, which exists with its value sense on the base of the law.In the process of the forming and the development of the corporation, the state authority comes to intervene gradually and plays the role more and more important. To eliminate the anarchy of the production and competition, harmonize the interests of the all social stratum by fair and reasonable distribution, the state should intervene and manage the corporation activities when necessary and the state coercion has its leading position with its own advantages. As the most powerful organization forms, the corporation and the government have complicate and dynamic relations, which has great influence to the economy operation and the change of the native citizen's life. Every party has its specific strength, important to each other with a dynamic relationship of the competition.The theory of the social responsibility of the company provides the right basis for the operation of the government intervene and state coercion. Malfunction of the market charactered with asymmetric information and chance behaviorism is the intrinsic reason for the appearance of the state coercion. The state coercion in the modern corporation law adjusts from time to time its inherent elements and its function scope according to the development of the economy life, different with the government control and rules under the system of the planned economy, therefore, it should have its rationality and moderation on the basis of correctness and efficiency.The state coercion in the corporation law realizes its function by its compulsory laws and regulations, makes it possible to achieve best result of maximum for the whole society interest when the market malfunctions. In the terms of the articles, it is the rational percentage in the corporation law for the compulsory rules.For the state coercion in the corporation law in our country, we should have the measure with the reasonable and discreet vision. We should take the corporation autonomy as core value, determine reasonably the structure between the compulsory rules and arbitrary rules in the corporation law, well coordinate the relationship between the corporation autonomy and the state coercion., which is very important to the corporation law and its maintenance of the corporation vitality.