On The Degree Of Autonomy Under The Private Relief Of Company

No right, No remedying. Legal right is the cause why remedy exists. At the meantime, No remedying, No right The right that is not remedied by law is not legal right Corporation Law is the Law that protects the rights and interests of commercial bodies and correlative oblige. Therefore, remedying the rights inside and outside the corporation is the sacred mission of Corporation Law. This article explores the remedy of rights in Corporation Law in the angle of corporation self-government and is to benefit legislation and practice.This article consists of five parts that are expounded thereinafter.The first section of this article ponders the corporation in the point of view of right and power. It points that the inside and outside of corporation is two frameworks of right and power. The microcosmic framework of right and power is inside the corporation. Understanding the bodies and kinds of right, it points that the nature of shareholder's right is membership's right. Corporation self-government is the natural extendibiliry of individual autonomy in the corporate domain. Corporation self-government exists inside and outside corporation. This is an inherent need of market economical evolution and important guarantee of market economical system perfecting.The second section of this article introduces the normal realization of corporation self-government It talks over the neoteric development of individual autonomy principia and the corporation law in the trend of public law of private law. Law uses the autonomy of right and control of power outside the corporation, and constitutes the corporate governance structure inside the company to realizing corporation self-government.The third section of this article expounds the basal theory of the remedy of right in corporation self-government. Ill-conditioned human nature decides the conflict of right and power or rights each other to the result that remedy is necessary. The creditor of corporation should be especially safeguarded by corporation law. Because the separateness of management right and ownership and the invalidation of superintendence, the rights of shareholder and corporation...