On Company Autonomy In Company Law And State Regulations

The principle of autonomy of private law in the Companies Act for the performance of corporate autonomy, the performance of national public companies the right to intervene for the state of corporate autonomy appropriate restrictions, is the state regulation. The relationship between corporate autonomy and state regulation is one of the important issues in company law. Compared to the old Company Law, the new Company Law good coordination relationship between the corporate autonomy and the state regulation, but still has some shortcomings, aiming at the existing problems in the corporate autonomy and the state regulation, the article puts forward some advices.In addition to this introduction and conclusion, the text is divided into three parts:Part one is "Principle Analysis of Corporate Autonomy and State Regulation".The broad corporate autonomy includes Shareholders of the company autonomy and autonomy of the company itself. The word Regulation was introduced as economic word, which is used in this article. The state regulation is based on state laws, regulations, policies, and their behavior on the economic activities of the main constraints to guide, regulate the economy and society health and orderly development of a national public right Intervention in economic life forms. As the company is still the principle of autonomy, the state regulation need to exist, so to achieve coordination in the fight against both.Part two is "Analysis of the Current Situation and the Problems in the Relation between the Company Autonomy and the State Regulation in our country". With the new Company Law as the chief of its provisions, to find company autonomy spirit and embedding the state regulation. This part points out problems about the existence of the company autonomy and the state regulation in summary of new Company Law as follow:Articles of Incorporation to implement self-government practice not in place, the company deadlock resolution mechanism lack of "self-help ", the lack of legal regulation of corporate social responsibility system, the system of corporate personality Lack of maneuverability.Part three is "Improving the Recommendations of the Corporate Autonomy and the State Regulation in Company Law". The state regulation is appropriate regulation, the company is limited self-government. For the new "Law" in the corporate autonomy and the state regulation is proposed to solve related ideas:the articles of association in practice the implementation of autonomy and achieve corporate deadlock "self-relief", to increase corporate social responsibility of legal regulation, improve the corporate personality denial system.