Manager Of The Company Legal System

Modern enterprise system promotes the corporation manager to a core position in the company and the corporation manager is playing an important role in the corporate management. Because of control of corporation by the managerial class and existence of the manager agency problem, we need to set up a series of perfect legal system of corporation manager. The developed countries have established the perfect legal system of corporation manager and the corporation manager legal system has become an important field in the theory study of company law. But in china, the study of the corporation manager legal system has not been put to a crucial position, and few of the legal circles have systematically researched it. Such insufficiency of theoretical research will induce an incomplete manager legal system definitely, in addition to the absence and faultiness of our corporation manager legislative accelerate the conflict between the system arrangement and the corporation's actual running, which makes the insiders control and the manager agency problem stand out. Therefore, referring from the beneficial experiences abroad and adapting it to China's realities so as to set up a series of perfect legal system of corporation manager, which has the profound theoretical and practical significance. It is also the original intention of this paper.This paper consists of four chapters besides introduction and conclusion.Chapter One is general theory of corporation manager. It is a theoretical basis of constructing corporation manager legal system. The author sums up and discusses related theory, and makes clear not only the legal concept and relationship of corporation manager but also its legal status. In this part, the author puts forward her own viewpoints and makes it fairly theoretical.Chapter Two contains the study in comparison of manager authority. Firstly, the author analyses the characteristics and capacity of the manager authority. Then, lists and summarizes the regulations on manager authority of the Civil Law System and the Common Law System with a great amount of detailed materials, such as regulations, precedents and theories. Lastly, points out the defects of our present company law on it.Chapter Three concentrates on the legal obligations and liabilities of the corporation's manager. At first, the author analyses in Jurisprudence way on theobligations and liabilities of the corporation manager, then elaborates it in accordance with those of the directors, and points out the defects of our present company law on it too.Chapter Four brings forward a tentative plan on constructing and perfecting our corporate manager legal system. Firstly, the author uses value analysis method to definitude the basic trend of corporation manager legal system. Secondly, puts forward to found the macroscopic pattern of our corporation legal system. Finally, makes suggestion on the regulations of the manager authority, obligation and liability to modify and perfect from microscopic eagle. In this part, there are a lot of the author's opinions that makes this paper has certain innovation.