Company The Legal Representative System Study

Corporate governance is: a determining factor in the development of the company, and company the legal representative system as a company governance structure of the important part, to company's development close important. As a result, company the legal representative system as China's legal system important part, which has been always attracted scholars' attention, company the legal representative system study focused on the law stated specific content, but the article from corporate governance mechanism angle to look into it is really few.China's company the legal representative system, although rooted in the commodity economy, but development rooted in the China's socialist market economy. It not only have the traditional Company system's. features, but also have some of the China's traditional system's Characteristics, in the face of modern corporate system reform of large situation, How to bring them in line with modern commodity economic development, advance China's economic development and so on question, which is tally with Our entire company system reform faced the problem, and thus have a high reference value.Company the legal representative is "according to the law or legal provisions of the articles of association, the head man delegate juridical person exertion authority and is corporative the legal representative. " academia from different angles to make different interpretations. Company the legal representative produces the way and the specific content along with China's economic development is changed, reflects china's the legal representative system history factor and characteristics of the times. At present, Britain and the United States and Germany and Japan as represented by Western countries because of their level of economic development and legal system, the legal representative of the company's qualifications, the number of models also serve different requirements, and as a result of China's economic system of imperfect commodity, and therefore on the one hand, the company set up to establish the legal representative of the excessive requirements of the law enforcement, to interfere in the company's autonomy, on the other hand, the legal representative of the company's lack of the necessary permissions constraints, resulting in the company's legal representative Corporate governance structure of the obligations and rights imbalances, leading to the legal representative of China's corporate governance structure, difficult to play its due role.As a result, combined with the development of China's actual situation, improve the legal representative of China's system of reference: building a corporate governance mechanism, including the legal representative of the binding mechanisms and outside markets, products, and other environmental constraints Mechanism for reasonable legal representative of the authority's constraints, the formation of the modern corporate governance system and improve the management capacity and competitiveness.