The Company Autonomy And Government Regulation

Company, as the subject of private law, is the developmental result of interactions among politics, economy and law .The principle of self-government in traditional civil law is just self-government in the Company Law. The power of government intervenes and plays an important role in the process of forming and development of a company, and the forming and development of the Company Law is the result of regulation of the relationship between government and companies.Besides the preface and the ending, the body of this article falls into five main parts as following.Part one is "The Summary of the Structure of the Company Law ". The Common Law and the Continent Law both agree that companies are qualified legal person with at least two shareholders and the object of profit. According to the provisions of our Company Law, a company can be defined as that it is an enterprise as legal person established in accordance with the Company Law with the object of profits. The Company Law is the general title for all the specification which provides the inner and outer relations of a company .According to the theory of the Continent Law in classifying private laws and public laws, the company law belongs to commercial law and should be included in private laws. However, since 1900s,with the expansion of the state power, the government are becoming more and more intervening in economics. Many traditional fields viewed as private law are becoming less. The Company Law characterizes deep tint of public laws .The Company Law is oriented on efficiency and safety, and private self-government and public regulation are its corresponding approaches. Therein, self-government embodies the protection of the rights of the company; safety embodies the state' necessary intervention in the company. From the aspect of the relationship between government and companies, the structure and function of the Company Law embody asfollowing: the Company Law provides not only the government's management on company but also companies' organization and their actions. Moreover, it balances the two. The structure of the Company Law embodies the relation between public legal criterion and private legal criterion, compulsory legal criterion and optional legal criterion and empowered legal criterion.Part two is "Company's Self-government", Company's self-government embodies the self-government principle in privates laws. Since 1900s, many problems have occurred in self-government and its base. Self-government has been restricted accordingly. The sense of self-government has changed consequently. Modern company's self-government characterizes publicized private laws. Its substance is society standard. The self-government of a company as a legal person is based on the shareholders' complete self-government under legal intervention. The contents of a company' self -governing include the company's independent personality complete proprietorship, and self-managing the company's affairs.Part three is "Government Regulation", The word regulation has different meanings in economics, law and politics. In our country, the word regulation was introduced as economic word, which is used in this article. Government regulation refers to the government's acts of specifying, regulating and restricting microeconomic units on the basis of laws, regulations and rules. In order to make known the development of the relation of the government regulation and the company's self-government, this part reviews the evolution of functions of governments in deferent countries and different theories of the different roles of the government in different times. Taking Japan, America and Germany as examples, this part compares and analyzes the government regulation under different modern economic mode.Part four is "the Relation between the Company's Self-government and the Government Regulation ". From the aspect of the government management on the company, by reviewing the history of the establishment of a company, the part mainly discusses one country 's attitude to the establ...