The Self-governance And Law Enforcement Parts Of The Company Law

The company self-governance and law enforcement parts of the company law of corporation represent a controversial topic that all countries' corporation laws need to face and solve. The articles of corporation is the highest self-governance guideline for a company and is an important mechanism that ensures the realization of the company's independent juridical person status. The articles of corporation has the autonomous characteristics and stipulates a company's basic governance structure and operation principal, however its legal enforcement effectiveness depends on whether the articles of corporation is in line with the relevant parts of the country's corporation laws. The scoping and balance between self-governance and law enforcement is a classical topic for discussion. This thesis takes the perspective of comparing the self-governance and legal effectiveness of the articles of corporation and probe for the boundaries of them, thus analyses the relationship between the articles of corporation and the corporation law with in-depth thoughts on both the self-governance and law enforcement parts as stated in the corporation laws.This thesis has three parts. Part 1 is the basic knowledge and definition of articles of corporation and corporate self-governance. It analyses the relationship between company self-governance and state law enforcement, and then gives an introduction regarding the concept and value proposition of them. It presents the point of view that the articles of corporation is the operational frame for corporate self govenance, and the self-govenance of corporation guides that of the articles of corporation.Part 2 aims to probe for the legal boundary of self-governance of the articles of corporation. Firstly, An elaboration on the theoretical base of the legal boundary of corporate self-governance. The author presents the idea that this boundary is to protect the right of the equity owner and for the improvement of economic efficiency. Secondly it clarrifies the legal boundary of the articles of corporation. In the end the author defines the legal boundary of the self-governance aspect of the corporate articles from basic legal, macro legal, as well as micro legal perspectives, and puts forth her point of view based on the analysis of study results of those senior scholars.Part 3 starts off from China's current corporate laws and actual cases regarding the self-governance aspects of corporate article. It focuses on the analysis of real case studies. The author pinpoints some shortcomings of the current regulations as well as the issues that need further study in the legal academic communities. These case studies make the value proposition of the discussion over self-governance vs. legal effectiveness more concrete.In the end, the author further presents and summarizes her point of view regarding the captioned topic.