State Intervention In The Governance Of China's Limited Liability Companies

From the perspective of theory and practice, "jural means of state intervention"and "corporate governance" are the two important themes in the domain of economic jurisprudence and academic research. Based on the basic theory of economic jurisprudence and the most recent achievement of corporate law, this thesis examines the state intervention in the governance of Limited Liability Company from the perspective of economic jurisprudence.Generally speaking, Limited Liability Company is a nexus of contracts achieved by the personal willing. As a result, the state should try to avoid intervening in the internal issues of Limited Liability Company. At this point, the author of this thesis demonstrate his own opinions. Beginning from the state intervention of corporate function, the author investigate the features of Limited Liability Company governance. Plus, the author suggest the reasons why the state should intervene in the governance of the Limited Liability Company and how to improve the corporate governance construction of Limited Liability Company.The first chapter is a historical review regarding the state intervention in the governance of Limited Liability Company. In author's opinion, since the emergence of Limited Liability Company in China, "state intervention" is a primary feature of governance construction. However, in China, the state intervention is not always reasonable, and the state's over-intervention distorts and damages the governance construction of Limited Liability Company.Chapter two compares and contrasts the key countries intervention in the governance of Limited Liability Company. After fully investigating the origin of Limited Liability Company institution and its development in the key countries, the author believes that Limited Liability Company is the product of the state intervention in the economic function. In the process of its development, the key countries make some reasonable intervention in the governance of Limited Liability Company through some relevant legislative activities.In chapter three, the author are looking at the nexus of contracts. The author point out that because of the expensive transaction cost, the difficulty of transferring share and the difficulty of protecting the interests of creditors and stakeholders, the state...