Trust System To Improve The Corporate System

With independent legal personality, is proud of the company system, an essential feature, is based on this feature can make company systems are not out of the dilemma: big shareholders holding the status of the transfer of risk to the large number of small shareholders head, while the minority shareholders can not be from the existing law to seek effective protection; "Board centrism" and "shareholder meeting centrism" There is the inevitable choice of corporate control disputes; the company makes its profit-making nature environmental protection as well as employees, creditors and so there are irreconcilable contradictions. The face of these difficulties, most of the current academic system from within the company to start to find solutions, but this company is out of the system, from its great similarity to the trust the system, explore the possibility of improving the company's system.Company system and the establishment of a trust-based contract system did not appear linked, but are a kind of real property transfer and management, and property are reflected in the separation of ownership and management rights, the similarities between the nature of the system for the Trust and Corporate possible. In this paper, the origin of the trust system, in the national development process, and the trust relationship between property and people's rights and obligations of the trust relationship, analyzing the trust system, there is advantage in many areas, and from the theory, practice and historical development, and so proved its perfect Necessity and possibility of the company system. Based on the above arguments, the end proposed trust system for State Enterprises, the company's commitment to the management fiduciary duties such as reference, there were good, some suggestions.The main contents include:Preface. Mainly includes the problem put forward relevant data of literature review, this paper, the research methods and the logical structure, from the whole of this is discussed in this paper. The first chapter: the origin of the trust. This chapter describes the origin of trust system, summarizes the origin of trust system three point: British origin, the Roman law origin and common origin. Sahlman For three kinds of theories of basis and for its objections are made detailed history, from the Angle of the trust system has deepened the understanding.Chapter 2: trust in Britain, the United States, Japan and other countries of the establishment and the related problems. This chapter describes the trust system in the first national condition the establishment and development of the trust, then as the core of the trust property is analyzed, finally the relevant people's trust in the system, the relationship between the rights and obligations of each level from the trust system are analyzed, and the company since its foundation. The relationship of system.Chapter 3: trust system consummation company system of inevitability, company system dilemmas. This chapter through the analysis of the company system such as the minority shareholder rights protection, social responsibility, etc, analyses the root causes of the situation is that companies system itself, reflected the trust of institutional advantages, also demonstrates the trust system to improve the inevitability of company system.Chapter 4: trust system consummation company system historical experience. This chapter in the history of the development of the company, the research on the legal constraints is harsh encounter the situation often seek for their trust system through the facts, and illustrates the company system and trust system, demonstrates the history of trust system consummation company system historical experience.Chapter 5: trust system of company system consummation of reality. This chapter from two aspects of theory and practice, demonstrates the company system from the real possibility absorb trust system for the sixth chapter, finally puts forward the trust system our company system for improvement Suggestions to lay the foundation.Chapter 6: perfecting the system of trust companies. This chapter for our trust system puts forward Suggestions of perfecting the system of company, mainly including the use of our trust system of the state-owned enterprise restructuring and introducing senior executives and contractual duty and operating rules, and judgment.Conclusion. This paper is mainly based on the system, and puts forward the trust for our state-owned enterprise restructuring, the management of the company undertake trust obligations, there are strong, and the significance and puts forward related suggestions.