Private Law Spirit And The Reconstruction Of The Companies Act

The core of spirit of private law is freedom of contract and right, which are the idea followed by corporation law in the west states from beginning to end. Just the organic accord between this spirit and need of market economy results in development of corporation rapidly , further realizes state goal. According to research in the four facts-the station between main parts, law power relation between state and corporation, realization system, corporative administer frame, the paper finds there is full of the spirit of government philosophy and private spirit loses completely. Besides the basic reasons of the social structure of state standard, The limit of era background and culture tradition of public power are important reasons. In results, we must promote private spirit and reshape corporation laws. On one hand, in constitution and corporation laws, should strengthen the protection and identity to the conception of right and freedom. On the other hand, we should limit the regulation power of government and make it least. There are two jobs to do, one is to site the adjustment power of government, the other is to strict it by formality.