Study On The Corporate Limit Of Autonomy

As the most important subject of modern market economy,compony is closely linked withpeople's social organization. Enjoying full autonomy is the the power and source ofcompany's survival and development. Companies Act 2005(Hereinafter referred to as the new"Company Law")giving the company more scope for self-government, However, as a memberof society, the company's business behavior and business decisions with produce a significantimpact on its stakeholders.If the company could willfully perform the right of autonomy,therights of stakeholders will be damaged. Therefore, the company must have certain limits ofautonomy. However,for a long time, the research on company self-limit only confined in thecategory of company autonomy and state intervention. The research of company self-limit hasnot formed a systematic theoretical system. Lack of theoretical constraints the improvementof corporate governance and the full exercise of corporate autonomy. Therefore, thetheoretical study on the issue of corporate autonomy limits has very great significance on theimprovement of company system of Chinese companies.The article firstlyintroduce the basic theoryand the theoretical basis of the limit ofcorporate autonomy.Then inspects the provisions of our legislation on limit of corporateautomomy, analysis of its problems and shortcomings. Finally, proposes the realizationapproach of limit of corporate automomy.The article mainlyincludes four parts:Chapter one——the basic theoryof corporate autonomy. firstlyintroduce the content ofcompanyautonomyand its limit. On the base of affirming the basic position of corporateautonomy, Proposes that the company's autonomy must be conducted on certain restrictions.In addition, compares the interests between company autonomy and the shareholders,consumers, workers and environmental protection and comes to the reasonableness ofcompany's autonomylimits. Finally, recounts the practical significance of the limit ofcompanyautonomyto improving efficiency, ensuring fair, harmonious and the formation ofcorporate culture.Chapter two——the theoretical basis of the limit of companyautonomy. This chapteexplains the rationalityof the existence and necessityof the limit of companyautonomy through the theoryof state intervention, corporate social responsibilityand protection ofstakeholder.Chapter three——the present situation of our company's self-limit and its existingproblems.firstlyinspects the provisions of our legislation on limit of corporate automomy,then analysis of its problems and shortcomings on shareholders' right to appeal, disregard ofcorporate personality, monitoring mechanism, social responsibility, information disclosure,corporate culture and industryself-regulation.Chapter four——the ways to realize the limits of autonomy.Firstlyintroduces theconstruction of the exterior limits,including system of internal obligations, disregard ofcorporate personality, monitoring mechanism and shareholders derivative litigation.Followingthat, details the ways to realize the limits of autonomyfrom several aspects of theconstruction of corporate culture, information disclosure system, improvement of corporatesocial responsibilityand industryself-regulatory mechanism.