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Manager Of The Legal Status Of Research

Posted on:2006-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:L YaoFull Text:PDF
GTID:2206360152988243Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Company's administration structure is a focus and difficult point in the company laws, and it is a question which the business circles, law circles, economic educational circles of various countries generally pay close attention to. The scholars of our country pay little attention to manager. Our company law has not stipulated the manager's legal status clearly either, and the regulation of manager's authority also has a great deal of unreasonable places.With the development of productivity, the doctrine of the centre of board of directors takes shape. However, the change of company's administration structure has not gone to the end. I advise the right of execution of the business and the right of make decisions should be separated from each other, and the manager exercises his power independently. The managers can realize the high-efficient, scientific process and benefit power balance.The traditional theory thinks the manager as company's agent, but there are defect and loophole that can't be avoided by itself. This text proposes a manager as the company's organ for the foundation with the trust relation theory. Trust theory and agent's theory are in great difference. Once scholars put forward to the opinion of manager as the company's organ's legal status too, but have not deepened thinking to the question. This text proposes the solution to above-mentioned problems through the study on legislative examples of various countries.The third part of this text has discussed the question of manager's right. Define manager's right can obtain much understanding about manager's legal status. Point out the road for manager's professionalism development too. Manager's right includes two major powers and functions, namely manage powers and represent powers.The second and the third parts of this text are directed against the fixedunreasonable place about manager's system in our country's company law. In order to seek the effective way to perfect our manager's system, I offer some suggestions of revising. At the same time the author hopes to cause scholar's further discussion of this problem through this text's study, in order to promote the in-depth reform of enterprise's administration structure.
Keywords/Search Tags:Company, Manager's legal status, Company's organ, Manager's right
PDF Full Text Request
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