Research On The Harmony As Value Of Company Law

The question about the value of the law is a very important issue. The value of the security law, the value of efficiency and fair value of the scholars have been extensively explored, but very few people discussed the value of the Company Law of Harmony. Companies should pursue harmony as an important value targets, coordinated for the interests of all parties to the conflict, to achieve the legislative purpose of the law has an irreplaceable role.This article is a chapter on Company Law overview of the overall value of harmony. To illustrate, of course, harmony is an important value of the target company law, the first article on the meaning of harmony in detail Analysis, and then introduced in the West about the harmony of different interpretation, and then put forward: that is the essence of harmony in different parts of the system, the different elements of a virtuous And the coordinated development of the sport. Based on the value of the general theory of law as well as the introduction of the value of the existing Company Law Review, said: harmony is an important value of the target company law, company law and in harmony with the value in the value of both the connotation and extension have significant differences. The final chapter is on a harmony in the value of the Company Law in the role and significance. That the value of harmony has three important roles: one to promote the interests of the Company Law of the main demands of the different coordination symbiotic; Second, the promotion of company law in different ways to adjust the coordination of symbiotic; three different law to promote the value of the objectives of the symbiotic coordination.In this paper, the second chapter discusses the value of harmony in the law of a mechanism to achieve. The value of a harmonious mechanism is the first to achieve: a law on the freedom of consultations between the main body. Because the law is essentially a businessman autonomy, must be the highest for the concept of autonomy, but the main different is the free consultation on company law in harmony to achieve the objectives of the most common form. Harmonious realization of the value of the second mechanism is: the Government's intervention force. Market and economic conditions, there is an objective of "market failure" and the market position of the main parties in inequality ills must be adopted by the Government to intervene by force to carry out correction. But over the Government's intervention will bring about many negative effects, so that the mandatory government intervention is a reasonable limit to prevent the "private enforcement" appears. A third of the value of harmony is the mechanism to achieve: to provide judicial relief. Law is a private law, but one of the main conflict of interest between each other, as well as oppression is also very obvious. Government intervention has its natural flaws, not abuse, and judicial relief after the then government intervention can be avoided possible negative impact.Chapterâ…¢of the article, described the new law to amend law on the value of Harmony's response. Is mainly reflected as follows: First, by enhancing the autonomy law to respond to the value of harmony; Second, through an appropriate degree of government intervention in response to the Law of the value of harmony; three, by increasing the right of shareholders to respond to the Law of the value of harmony. In the third chapter on the process for amending the Company Law of the value of Harmony's response to the three areas are carried out through specific examples.