On The Limits To Company Autonomy

In social life,the company will always be a dynamic force,which can promote the socio-economic and technological advances.However,people also will not forget that the company acts have brought many social unfortunates.Under the guidance of free economic theory,the company rapidly grow,and they quickly collect great wealth.With strong economic strength and at the expense of the interests of other companies,some companies began to abuse their autonomy in order to obtain economic benefits.They do not take into account the long-term development,deceive the consumer,grab natural resources unlimitedly,so these behaviors have caused great harm on natural environment and public interests.Facing of the company resulting from the arbitrary exercise of autonomy and greater economic monopoly,the destruction of the natural environment, against the rights of consumers and other stakeholders on a number of misconduct,the public began to reflect on the role and status of the company and want to alert the company totally autonomy.Unlimited expansion of company autonomy will lead to an abuse of the right.In order to make the company can survive in a healthy manner,we must make exercise of autonomy within a reasonable limits.Thus,on the one hand,the law would allow companies to be free to be set up and maximize the degree of autonomy;on the other hand,with the strength of the company rapidly increasing,the state have adopted setting the limits to corporate autonomy to prevent the abuse of company autonomy.This article is divided into three parts:The first part starting from the nature of the company,with an analysis of the different theory on the nature of the company,from the perspective of historical materialism,first,this part points out the essential concept of company,which is the basis of the paper.After defining the company autonomy,we explore the limits to corporate autonomy comparing with the interests of shareholders,employees and consumers,last,we analyze the characteristics of the company autonomy,which should follow the principle of necessity and efficiency.The second part:the legitimacy of the limit to company autonomy.The first part discusses the theoretical basis for the limit to company autonomy from three aspects: First,rights have the relative nature.With the socio-economic and scientific and technological development,abuse of rights increasing,the establishment of reasonable limits to the right is an essential requirement for socialization.Second,government intervention can be effective in preventing an improper exercise of the rights of the company,with the result that certain shareholders,employees,creditors or the interests of the community was unnecessary damage.Third,with the social development,the company have a new development and the Stakeholder theory require companies to consider not only the interests of the shareholders,but also consider other related interests.Thus the introduction of corporate social responsibility theory,that is company with responsibility for social development.The latter part discusses the value and the function of the limits to company autonomy,which can improve the efficiency and achieve social justice and social harmony.The third part:Reasonable way to the limits to company autonomy.The company should have the appropriate legislation.Company Law should be based on the company's different economic,cultural and social environment for different company types in order to meet the needs of social life and promote social development.Then we analysis the allocation of the corporate law,which include mandatory rules and discretionary rules, substantive rules and procedural rules,prior and after mandatory rules.Finally,we analysis specific performance of the limits to company autonomy from the aspects of organization rules and conduct rules.Restrictions of organization rules contains of three parts:restrictions on company means,restrictions on the relationship between a company and restrictions on company of special type.Restrictions of conduct rules contains of two parts:Anti-monopoly Law Prohibits company monopoly;we should pay attention to moral constraints on corporate conductIn fact,the limits to company autonomy is not determined by unchangeable principle,but rely on the experience and policy adjustments.If company and shareholders exercise their rights within reasonable limits company will play a dynamic role in the economic life.