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On The Essence Of The Company's Autonomy

Posted on:2006-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2206360152987841Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Besides introduction and concluding remarks , there are four parts in my paper . Firstly , I explain the implication of corporate self-government . It means corporation can decide its general affairs as person in the narrow sense and shareholders can control corporation in the broad sense . But corporation is payed much more attention to by law than person . It's because corporation is a group of entity . Then , I induce to a presumption : corporate self-government is based on the shareholders' governance , which is intervened by legislation . Secondly , by studying the legal position of shareholders in corporation , I conclude the shareholders are the basis element of corporation . And , I retort the popular viewpoints , such as the corporation should be based on the benefits of society , and the corporate governance should take the broad of directors as center . Thirdly , I analyze why the corporate governance should be intervened by legislation . Corporation is made of not many people , not only person and property , but independent and perfect opinion , independent and substantial property , and steady relationship . The value of corporate institution is to realize the benefits of person . So , when the corporate is out of shareholders' control , legislation will come up . Finally , I try to search the reasonable way of legislation intervention . The corporate legislation should appropriately restrict the qualification and condition of corporation .
Keywords/Search Tags:Corporation self-government, Shareholders' governance, Legislation intervention, Group of entity
PDF Full Text Request
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