On The Intervention Of The Judicial Power Of Corporate Autonomy

The Principles of corporate autonomy reflects the eternal pursuit of human freedom is the highest value targets, the principle is legal basis civil society and the fundamental of modern company law. Companies in the market as a natural person in social life, were implemented autonomy, their own interests to rational decision-making, participation in economic exchanges, and manage their own affairs without outside factors will interfere with the company.But with the continuous development of market economy, the company produces a variety of self-government abuse of market failures, such as monopoly, externalities, information bias in, free-riding, low efficiency, these problems has shaken the foundation of corporate autonomy, destruction by a certain mode of productiondetermined by the normal order. This problem need state power, especially to the role of judicial intervention force to restore order to play. Companies can no longer, as the blind pursuit of freedom without the other, the company as the natural meaning of freedom, like freedom, must not be abused by the civil law principle of the right to limit. This article explores the basic rationale of corporate autonomy and the role of judicial intervention, and the two influence each other to find a balance between, and ultimately to find the limits of judicial intervention and the rules of corporate autonomy. This article is divided into five chapters, each part of the main contents are as follows:Part I: basic concepts of corporate autonomy and theoretical basis. This chapter discusses the meaning of corporate autonomy and the basic theory of origin of corporate autonomy.Part II: the legitimacy of judicial intervention. This chapter analyzes the judicial power as an autonomous public authority involved in the company's legitimacy and rationale. Through analysis of the legitimacy of judicial intervention, revealed the importance of judicial power and necessity of intervention.Part III, the judicial power of corporate autonomy of the basic types of intervention, this chapter describes the actual process of economic development, the type of judicial intervention in corporate autonomy.Part IV: Judicial Power and the limits of autonomy involved in the company rules. This chapter from the principles and rules of judicial power involved in both the regulatory requirements of corporate autonomy, revealing the limits of judicial intervention and scope of corporate autonomy.Part V: Corporate Autonomy and Judicial Intervention in China's development and status, this chapter reviews the autonomy of company law and judicial intervention on the company' s development process , through the theory back to practice, to improve the institutional strengthening of the company to make constructive commentsand suggestions.