Research On Corporate Self-government In Corporate Law

Corporate self-government is the reflection of self-government principle of private law in corporate law. Self-government principle is the central idea of civil law and business law. It is of course the central idea of corporate law which is an important part of business law. Since Chinese new Corporate Law established that it was to lessen public control and protect self-government, corporate self-government was confirmed in it. Investigating corporate self-government comprehensively to find out the reflections in corporate law especially on the level of regulation and defining the differences between compulsory regulation and discretional regulation are useful to confirm the operate boarder of corporate law, which is undoubtedly significantly important.Corporate self-government has inevitable shortcomings in itself for there are both inside and outside factors which can lead to autonomous failure, so transaction security and public interest should be considered to regulate corporate self-government. Governmental power (governmental coercion) should be intervened into private law. As there are mainly autonomous provisions in corporate law, the scale of governmental coercion should be controlled properly. Because of the reason above, adjusting the relationship of corporate self-government and governmental coercion is also a main topic of the article.The author is to combine theory and practice on the base of investigation. The reason of corporate autonomous failure, the boarder of compulsory regulation and discretional regulation and the differences between corporate self-government and governmental coercion will be analyzed from the point of application, which can be theoretically helpful to the application of the statutes provided by new Corporation Law.