On Public Law Tendency Of The Corporation Law

The division and integration between public law and private law is not only a jurisprudence question but a practical one. This article tries to answer this question so that the public and private law characteristics of Corporation Law can be well integrated.In the basis of commenting on six negative viewpoints of public and private law, analyzing the pros and cons of six positive view points of public and private law, I present my own classified method——legal relationship theory. By this theory, I present the conception of public law tendency which means the separation of the public law tendency of Corporation Law into two parts, the first of which is analyzed through the public law tendency of the criminal law norms and administrative norms of the Corporation Law in a formality sense, the second part is through the analysis of the concrete institutions of the Corporation Law in a substantative sense.On this foundation, I make a legal normative analysis of the Corporation Law in the macro and micro way: Micro study is done by the analysis of the internal public law tendency of corporation law (independent director, cumulative voting, shareholder derivative suit and so on) and the external public law tendency of corporation law(environmental and social responsibility, the protection of creditor, the disclosure of information and so on) and these studies provide a theoretical and practical basis for the operation of the public law tendency of Corporation law. At last, by the external direction of the fundamental Constitution Law and the additional internal guidance of procedure law, the norms of public law provides support for the operation of Corporation law to make the public and private law be balanced. In the writing, I make use of statistical method of legal provisions( make a statistical study of the 1993 corporation law and 2005 corporation law to find the legislative spirit), historical analysis method( grasp the historical development of public and private law from Ancient Rome to the Continental Law era), case study method( include dozens of cases in the Bar examination of China and in the real life), comparative method( comparison among the continental law system, common law system and PRC law system) , expecting to make an innovation in the methodology.