Two Basical Matters On The Articles Of Association Institution: Functions And Ideas

I chose certain legal matters of the Articles of Association institution as the research object, and took them as my dissertation, not only because the company law research is my research direction or it is of important status in the company law, but also because the badly conditions that the Articles of Association practiced in the our country touched me deeply. And thus I went with it inseparately.The Articles of Association is a complex and important item in the company law. Its content is rich and has nearly covered each important aspect of company law. Since the promulgation of the company law, many new and difficult related cases appeared in the judicial service and urgently awaited support theoretically. The reasons varied. but you would find to a great extent they were all related with Articles of Association after a careful analysis and study. In a word, the insufficient understanding and the consequent irregulation worked. This article has just chosen these issues which were less discussed formerly as my object to try one annotation for a new breakthrough, and provide the practice with a theoretical basis and legal safeguard. This also complies with the company autonomous tidal current under the time background.Besides the introduction and the concluding remark part, this article divides into three chapters. The concrete content is briefly as follows:The introduction part mainly shows the article writing agent, namely the question origin.The first chapter"Outline of Articles of Association"elaborated its concept and compared the regulation with the law , the regulation with the company law, the regulation with the company's rules, the regulation with the company′s set–up agreement and the regulation with the contract. You might have a good understanding about the relative status of the regulation in the contrast in the environment of company system constituted by above systems.. It provides the following chapters with a sufficient knowledge bases.The second chapter gives us a comprehensive and the concrete description on the status and the function of articles of incorporation, specially let us learn anewly and develop its peculiar usefulness in a different angle of incorporate governance.This was a blank region in the former research. The third chapter tells us a clear story about the articles of incorporation'basic idea named regulation autonomy, and further sought the source or origin from the"modern civil–public development"trend in legal science. The civil–public trend, the community responsibility establishment, and the compulsory rule existence can push the articles of incorporation autonomous into a very awkward region? The article will seek one faith answer from theory and new "Law of corporation" practices.Finally, in the concluding part I just presented some feelings of my own about the new "Company Law" and the main problems which still exist to the articles of incorporation . After that, some measures follow which need to be consummated and enable the articles of incorporation to display the proper value in practice.