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Modern Corporate Property Structure And Corporate Governance Relations Research

Posted on:2004-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:J Y YinFull Text:PDF
GTID:2206360095456279Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The appearance of modern company has caused lots of problems, the most -essential and controversial of which is the problem of company governance. Current doctrines related to it fall into tow categories :one is single governance structure which is based on shareholder's cost and individualism, but can't reflect the overall situation of company governance; the other is multiple governance structure which is based on social cost and socialism, but is too ambiguous to be feasible.This article intends to reconstruct the concept of legal person' s property rights with the combination of enterprise property rights theories and enterprise contract theories. After expounding on the reasonability of the legal-person- property rights-based company governance form, it further analyzes the administrating rights of the providers of legal person' s property rights. As a conclusion drawn from legislations and practices, the author puts forward that company governance shall be the compromise between the rights and interests of legal person' s property rights providers.This article totals 43, 000 words, which include the foreword and the body.The foreword defines the research sphere of this article and gives a brief introduction of modern company and company governance.The body is further divided into three sections.Section one is the theoretical foundation of the whole article. At the beginning of this section, the author discusses several theoretical problems related to property rights. Then he constructs the concept of legal person' s property rights and points out the theoretical base and significance of this view.Section tow is the connecting point of the article. Here the author analyses the relationship between a legal person and its property rights providers according to the usual method of propertyrights economics, i.e., to discuss the tow aspects of remnant rights and remnant control.Section three is the position analysis and conclusion of the article. The author discusses the application of his conclusion in practice, which is based on the stipulation of many countries' company laws on board of directors, the supervisory board and shareholder' s meeting.The author combines knowledge of Economics, Jurisprudence, Sociology, and Management in writing this article, while focusing on property analysis to inquire into a new method of company governance.
Keywords/Search Tags:modern company, property rights, legal person' s property rights, legal person' s governance.
PDF Full Text Request
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