The Boundary Of The Autonomy Of Company Articles

Company is the most main body in the social economy life, is also the most important form of enterprise. In the modern company theory, definitely the company had the independent legal personality, company main body's consciousness and the personality must become the company autonomous foundation. Since the company is the corpus separatum form, then has brought the autonomous request inevitably as the civil law main body's free will for the company main body form. The company in realizes under the autonomous premise to seek the benefit effectively the maximization."The human is lives, but free, actually in omnipresent shackles." The company main body can realize meaning autonomous is its civil law main body free right manifestation, but the company autonomous did not express that its free realizes may not any limit. "With gets rid of the restraint as the company autonomous freedom the freedom is the two matters." The company takes in the modern market economy the important main body form, its operative activity already related the entire social life the aspects. Precisely based on company's in social economy life material effect, and free should not only be limits to its behavior in the single company main body rights and interests scope, must place it the entire social in the scope to establish and the rules and regulations, thus while realizes company autonomous to realize the social benefit balanced development. Therefore, the company autonomy needs to receive from the social various aspects limit, the articles of incorporation takes the company autonomous main carrier, it must receive the national macroscopic intervention as well as the company own should undertake the community responsibility restraint, then the articles of incorporation autonomous had own boundary, this article obtains from the company nature, through to several theory's analyses, obtains company's contractual essence, and has provided the analysis frame for the law of corporation reasonable existence; Then illustrated to the articles of incorporation autonomous inevitability that has promulgated its autonomous boundary foundation and the essence; Has further analyzed the regulation autonomous boundary rationale, has arranged the articles of incorporation autonomous boundary from the different angle, proposes the articles of incorporation autonomous boundary judgment primary standard; Finally the spot published this article to elaborate the articles of incorporation autonomous boundary significance and the value, and unified our country "Law of corporation", has carried on the division to our country articles of incorporation autonomous boundary, brought honor to the company autonomous as well as practices the articles of incorporation development anticipation to our country.