On The Autonomy Of Company And Its Limits

The company autonomy has already been achieved the widespread mutual recognition in the field of law, many countries company legislation has also fully emphasizes the importance of the company autonomy. It is the tendency that the various countries' legislation practice has regard the company autonomy value as important, when our country recently revises the company law also to propose to emphasize the company autonomy, the direction of the legislation also is to the inclining and the expansion of company autonomy. But, the freedom and the limit also are a pair of coexistent contradictory body. While company's autonomy fully obtains exercises, the autonomy stipulated a limit to the autonomy really is the necessity to make sure the development of the market is in reason fair and in order. Through performs the reasonable limit to the company autonomy, the company should be better in the market economy, while the whole environment try to make sure the company can freely make the policy. Regarding the autonomous and restriction of the company, the best and effective and fair way is the involvement of the country forces. In theory and legislation practice all emphasis expansion company autonomy limit, at the right moment, the company autonomy limit that proposed should be reasonably.This article is divided into four parts:The first part: a general theory of company autonomy. This part is carries on the elaboration to the company autonomy rationale from the economic and the science of legal. Give the meaning of the company autonomy, and carries on the analysis of the company autonomy realization way, pointed out the way that the company realizes the autonomy and manifests the free will is the internal articles of incorporation and company's organizational structure, as well as the exterior performance way is the independent and legal personality of the...