Manager Of The Legal Status Of Reconstruction

People have been worrying about the so-called separation of the powers of enterprise properties and enterprise control, since relevant theory was put forward by the American economists G and A in 1930's. Economists and jurists never stopped studying on the matter and always made efforts on its resolution, on which the modem corporate governance structure is based.The modern corporate governance structure, be it shareholders' meeting centered or board of directors centered, makes shareholders' rights the core of rights protection. However, the derivative problem of the cost of agency emerged as a fatal defect of such theory. This dissertation, initiating with manager -one of the aspects of governance structure, makes analyses on the causes of cost of agency, on which resolutions are put forward as further attempts.Part one, in light of the revision of the company law of China, defines the scope of senior managers, which include manager, deputy manager and financial personnel. Furthermore, it makes analysis on the evolution of problem of manager and on the definition of manager. Finally, it points out the proper treatment of the relations between manager and corporation, shareholder and relevant personnel is decisive in the success of corporate operationPart two studies the current legal standing of corporate manager. Firstly, it hold that manager's power, being a kind of power rather than right by its nature, is statutory and of identity, which entitles the corporate manager to a commanding status. And then, it analyses the scope of manager's power by comparing the provisions of both continental legal family and Anglo-American legal family.Part three puts forward the idea of diversifying enterprise property rights on the theory of property rights, the practical ways of diversifying enterprise property rights on the theory of human resource capital, and points out that only by letting the corporate human resource share the right to claim the remains and the right to control, can the cost of agency be effectively reduced Finally it points out the double standings of corporate manager -as both the proprietor of the core human resource capital and decision maker and executor of business.