The Study On The Peremptory Norms Of Company Law

As the Primary economic organization, company and company law are becoming more and more important in modern society. However the debate over the nature of the company law is still in the state of controversy in mandatory or casual mode, which consequently embodies the different situation of company participators in every country's company law with respect to the proportion between the optional norm and mandatory norm. How to dispose and collocate the different norm of regulations in company law becomes the key to the legislation, implementation and justice of company law, even the decisive factor of improving national economic competitive and economic development. Hence this paper takes the mandatory norm as the main subject to offer a basic research material to develop Chinese company law, and provide some certain of valuable suggestions and advice, whether the value is positive or not.Peremptory norms of the company law, is bound to involve all aspects of the problem, therefore, this use of economic analysis, historical analysis, system analysis, comparative analysis, empirical analysis and other methods, from the legal norms of this Law, the most basic starting, from solving specific problems in practice proceeding, the use of state intervention in theory and modern economics, business contract theory, in view of the current "Company Law" in the allocation of peremptory norms of gaps and confusion in the judicial practice, the corresponding perfect way, remedial measures and countermeasures.Act as a department of civil and commercial law, private law areas, involve a lot of its properties are peremptory norms of public law. This paper studies a large number of mandatory company law norms in the causes of these problems, and analysis of company law in the form of peremptory norms and the type appears to resolve a large number of peremptory norms, the question of whether there was reasonable company law issues. Finally, a peremptory norm of study and resolve how to set in among the Companies Act, complete the integration of public and private law.Generally speaking, this paper does not have a defined center, but around the "Law of peremptory norms," the main line, first discusses the value of its existence, followed by the state to inspect its existence, and ultimately settled in the legislative and judicial Law, for Law deficiencies and issues of judicial practice solutions to address the reality of conflict, breaking the real dilemma.