Research On Company 's Managerial

This dissertation is a fundamental research about the manager’s right,the main legal status, including the manager of the company manager’sright, the right granted, scope and limitation of content. Based on theresearch of the legal status of the manager of the company as the center, tothe company manager right system is studied, a comprehensive analysisfrom the manager’s right, ower granted, range and limitation, theprovisions of our country to involve "company law" of the companymanager’s right is analyzed, and puts forward the correspondingimprovement suggestions. The main contents of each chapter are asfollows:Chapter Ⅰ: Analysis of the legal status of the manager of the company.This chapter through to the continental law system, Anglo American lawsystem "manager" definition of the relatively clear, the manager of thecompany refers to the company or the board of directors appointed by theboard of directors, senior management personnel assistant responsible forthe management of the company daily business activities. And thesimilarities and differences of current our country in the practice ofcorporate governance in commonly used models and the company "CEO"manager are analyzed. In order to study the setting mode of manager oflegislation in many countries as the starting point of all theories, the roleplayed by the manager in the company of. Through analysis the authorthinks, from the personal attribute level, is the labor relationship betweenmanager and company; from the terms of level, between the company andthe manager is the proxy relationship. At the same time, this chapter also tothe manager with internal related subjects, external relations betweenrelated subjects are discussed, and focus on the manager in foreign businessactivities, the legal consequences of the exercise of powers of ultra vires isanalyzed.Chapter Ⅱ: Company manager’s right to legal analysis. Based on thelegislative practice in other countries and scholars are discussed in thispaper, the author thinks, the power of the manager is essentially acommercial agency. The concept, from the manager rights as thebreakthrough point, grant and exercise, scope and restriction focuses on themanager’s right, and the right to terminate the manager. Throughinvestigation, the author thinks that the manager’s right is a kind of legalpower, namely through legal procedures to set up and can be directly to thename of the company within the scope of authorization for all business behavior. This chapter takes the judicial case verdict together put forwardthe necessity of the manager’s right registration publicity, and put forwardcan rely on the rapid development of the Internet technology, set up thepublicity system of the whole society manager right registration, which willhelp to improve the efficiency of commercial transactions and transactionsecurity.Chapter Ⅲ:Suggestions of company managers authority system.Through the analysis of the legal system of our country manager rightdeficiency, puts forward some legislative suggestions on China’s legalsystem of the right manager. First of all, should be clear is: from theperspective of personal relationship on the attribution, between managerand company is labor relations; from the management ownership level,between the manager and the company is the agent relation. Secondly, fromthe manager to the right to set up, the manager right registration andpublicity system and the supervision on managers puts forward relatedsuggestions.