Research On Company Representatives Right System

The socialist market economy is the most important business organizations, Because of its special nature different from the natural, Its ability and capacity rights through its representative bodies must be representative of that is to achieve, Company representatives the right system for us. It can be said that a representative of the normal operation of the company is based, Is the distribution of power, The premise of responsibility, Company Law in the theory of great significance. China's power company representatives fromzthe legal representative to implement. Amendments to the "Company Law" to expand the scope of the legal representative of the qualifications, Not only chairman of the board and executive directors can hold, but can also serve as manager. In addition, the legal representative will be selected to power the company's constitution. Compared with the past, the legal representative of a single system made substantial progress, But not in the perfect Yizhen.This paper representation of the company to focus on the core concepts, Based on the theory of representation, At the same time outside the relevant legislation and company law practice experience compared dissection merits.On this basis, China's legal representative system of the causes of defects and put forward sound proposals.This paper is divided into introduction, body, conclusion in three parts.Introduction of the research firm described the system of representation theory and practical significance.The text is divided into four parts.The first part is the representative of the company the right to define. Company representatives of the company on behalf of a foreign representative office or the conduct of business on the referee and all acts of power. Through the legal nature of the different views, by proxy between the company and is based on the proxy relations to be represented.The second part is the right company on behalf of the legislative system comparison. Representation from the acquisition, the exercise of the right main representative, on behalf of the content of the right of representation of the restrictions and limitations on five aspects of this comprehensive system, And China's legislative and offshore compared to our country's system of representation theory made perfect preparations. China's representation by the company to exercise its legal representative, The legal limit for the main representative of the chairman and executive director or manager, By the provisions of the statute to choose, This is actually a theory of organisms; The legal representative of the foreign business representatives, including the implementation of the right to representation and representation of the two proceedings, The ability of the company's rights under the limitations as well as the right capacity within the scope of legal restrictions and arbitrary restrictions, However, its effect in terms of the arbitrary restrictions lacks; In addition, by the shareholders and the shareholders, board of supervisors and supervisors on behalf of the exercise of the right to supervise.The third part is my representation of the company's operating system and the pros and cons of the status quo. First, the legal representative of China's system of the causes, characteristics, and the revised "Company Law" to change the status of the system, On the companies to set up and liquidation of these two exceptional circumstances, a representative of the system; Secondly, the legal representative system of the implementation of the status quo, That is, the legal representative of a representation of the right to independence, company chops and the excessive use of the lack of civil liability, That the legal representative system for both companies, their own representative or a third person have a disadvantage.Part IV is China's representative to the improvement of the system. In the safety, efficiency of the legislative concepts, Representatives from the proposed expansion of the exercise of the right main, and improve the representation of the sound as well as the supervision of the obligations of accountability mechanisms proxy three aspects to the reform of China's system of representation of the company.Conclusion is the author of this paper, after completion of the self-study and research, and a summary of their feelings and experiences.