State Compulsion And Company Autonomy

Stressing autonomy corporation is a trend in the field of company law, conform to a free market economy development needs, and the main highlight of autonomy, which is private autonomy in the areas of company law. However, because of "market failure", the lack of corporate social responsibility of companies and stakeholders in the protection of the company, states also conduct the company control of autonomy, so what's the relationship between company autonomy and national mandatory?The biggest breakthrough of the promulgation of the new Company Law is "Relaxes the control, Stresses the autonomy", thereby triggering a reflection of corporate legislation, what's the standards of the national compulsory in company law? This paper uses compared research methods, historical research methods and empirical research methods to the analysis of this issue.In this paper, in addition to the preamble and the conclusion, the text is divided into five chapters.The first chapter is an overview of the company autonomy. The article first introduces theoretical understanding of the nature of the company, thus raises questions: What is the company in the end? It is a legal product, or a product of the contract? Or what is their more countries mandatory or more contracts autonomy? Although the meaning of autonomy companies in Western scholars on different discourse, but the nature of self-government or private is the extension and the embodiment of the autonomy of private in the field of company law , the article further noted that the content of the company's autonomy.The second chapter Elaborates the meaning of the national compulsory and the reasons for national mandatory restrictions on autonomy companies, based on that, "market failure", "corporate social responsibility" and the company creditors, protection of the interests of small shareholders, the state must place the necessary autonomy restrictions on companies, At the same time, national mandatory legal forms and manners - peremptory norms are also discussed. The third chapter uses historical, compared, empirical research methods to study the relationship between company autonomy and national mandatory, and concludes national mandatory moderation.The fourth chapter discourses on the national compulsory standards in Company Law. First states Company Law qualitative nature, which company law is the complex of arbitrary and peremptory norms, then state national mandatory standards in Company Law. Requirements on the provisions are stricter for Inc. than for a limited liability company; Adjusted external relations norms are stricter than adjusted its internal relations norms. The fifth chapter carries on the empirical research of company autonomy and national mandatory, combined with China's Corporate Law, On the basis of the classification in Company Law norms, analyses China's new "Company Law" normative structure. It echoes the fourth chapter and further demonstrates the view of the fourth chapter, also the classification is beneficial to the judicial practice.