Theoretical Study On Company's Business Scope

Company is a kind of enterprise appearance. System development and perfect degree directly decide the speed and the trend of our country market economy development, whose oneself characteristic requires that they can meet the need of market economy development farthest. Therefore the company resides in the special status in various enterprise forms. "Law of corporation" is also at the important position in many enterprise legislations. The business scope is regulated to be the absolutely essential record item in company register by our country's former "Law of corporation". Developing to 2006, the new revision of "Law of corporation" has not changed the demands of business scope. However, this does not represent that the effect and the localization of modern company's business scope can fully suit company's development desires. Along with the market economy development, the compulsory stipulation revision related to business scope and business scope itself abolishment have become the focuses in the realm of theory and practice.In this thesis, the author starts with jurisprudence, seeking the importance of the restriction to company's business scope, excavating law value orientation which is manifested by this system and taking law freedom, efficiency and order value as angle of view to analyze the necessity of business scope existence thoroughly. Then the thesis returns the civil law fundamental theory, and from legal capacity, disposing capacity of corporation and the trading capacity aspects analyzes the relations between these factors and the company's business scope. Taking company's contractual character as a breakthrough point, it analyzes the relations referring to business scope and the articles of incorporation, internal government structure as well as the market rules and regulations. Thus the thesis draws the preliminary conclusion that the company's business scope involves quadruple legal relationship: the company own construction relations, the relations between business operators and stockholders, the relations between company and the third party, as well as the relations between company and government supervising and managing. And the business scope has basic function in four aspects. In the study on modern law of corporation, the business scope's absoluteness has been questioned. Because the existing theory is lack of in-depth research, the localization for company's business scope is not really accurate.After analyzing the business scope's functions and the changes of social economy foundation, this article emphasizes that we should change the existing mode of thought, could not make a sole choice for business scope's problems just beginning from some single essence. We should differentiate specifically the different function demands in different relations, and design corresponding legal measures. Profited from the procedures of developed country, it is necessary to relax limits, and promote the consummation of business scope's legislation, giving company sufficient management freedom.