The Manager Of The Company Status, Alienation And Regression

An officer is in a status of agent and subsidiary in a company as legal rules, but he always evolves into a master of the company in the fact. Facing this kind of variance, what should the law do? This paper utilizes the comparison and historical methods to carry on a demonstrated inspection, and then proposes some questions; mainly analyzes questions based on economic methods and viewpoints; and in these foundations, the solutions of all the questions may be carried out by the constructions of legal system. Main contents are as following:First chapter mainly inspects the legal status of company officers. The author firstly reorganizes some main national legislations and legal scientific theories or principles on the concept and definitions of "officer", then on the basis of present research situation, reorganizes and enumerates four kinds of theories about the legal status of officers. And after analyzing two important questions affecting the legal status of officers - "the managing power of officers themselves" and "the relationship between officers and other mainly related bodies (i.e. board of directors, chairman) ", the author obtains a conclusion, using the thought methods of the legal science: the legal status of company officers is the role of agent or subsidiary.Second chapter mainly inspects the fact status of company officers. The author carries on independent demonstrated analysis regarding on this question, and through the historical analysis, he thinks: Officers' production is the necessity of the development of joint-venture companies, and along with the further expansion of company scale and further specialization of the management, the emergence and development of professional officers has caused the phenomenon of "officer controls the company" in the reality; China's company growth has its own special background and situation, but the author thinks that the tendency is common. The ending of this chapter expands the negative effects of officers' control through some simple fact descriptions which.Third chapter mainly analyzes the negative effects after the officers' status varied. According to officer's subjective conditions, the author reorganizes the negative effects of types; carries on mathematical and rational analysis by cases; and in these foundations, he...