On The Legal Representative System Of Company In Our Country

In our country, the company's legal representative system is an item of the person representation right system with Chinese characteristic. Like other legal systems of china, it's production, performance and development not merely included logic and rational factor, but also have been influenced by a great deal of factors of history and reality. From it's establishment to present, the legislation still have many insufficiencies, mainly display on two aspects: the entity stipulation and procedure stipulation. Insufficiencies in legislation create the consequence is that the representative system have many malpractices in the actual operation: Legal representative's despotism; Violates the civil autonomous principle; Bring a lot of disadvantageous to the transaction opposite party as well as the company's benefit protection; The representation right is abused seriously.I think the reason why the company's legal representative system exist so many drawback is that the preparation of the theory is insufficient. On legal status and function, people always equate and obscure the representative with Chairman, executive director, manager and agent, locates it in the pure spokesman or agent's position, denies it's capital appreciation function in company; and can not realize that the company legal representatives is not merely the body of the trading legal relationship or the administration legal relationship and the criminal legal relationship, but also one of the bodies in economic rules and regulations; pay less attention to the human nature characteristic of the representative, ignore the representative's rights and interests; and not realize the representation is a kind of private right either.The world other countries'represent legislation pattern and the corresponding concrete legal rules have important influence on the reform of our country company's legal representative system, and the western nation generally adopts three kind of patterns: represents together on behalf of the system, solely represents the system and on behalf of the system as well as on the agreement. I think the legal representative system of company in our country can mainly draw lessons from the pattern of the mainland legal representation system, entrusts the board of directors and the trustee with the representation right, cancels manager's representation right, give the right to the general meeting of shareholders or the board of directors that deciding the exacte way of the representation right in performance.Meanwhile, improve the basic content of company's legal representative system in confirming the foundation of the system mode and then improve the regulation of the condition and procedure that the representative product; give the representative relevant right; improve the relevant regulations of the obligation and responsibility, and strengthen the restriction to the representative in supervising the procedure.In a word, improving our country current company legal representative system not only can help the company modernize it's idea about control and development, but also can help to safeguard the trade security and efficiency at the same time. That may have great theory meaning and realistic meaning.