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On The "company Law" Text Composition

Posted on:2007-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:G Q TongFull Text:PDF
GTID:2206360212483276Subject:Law
Abstract/Summary:PDF Full Text Request
It is a distinct phenomenon that the corporate laws of modern countries have been revised frequently. However, this frequency is intelligible. As the modern economic organization, corporation embodies the ambitions for various interests. It is being updated in an astonishing speed in different aspects like operation technique, strategies for development, inner structure separation, interests groups and so on. As the regulation for this kind of organization, the corporate law has to adjust itself all the time.The principle of confirmation is the most important principle in the construction of text of the corporate law. Because it is the key to the corporate law's justness, and the justness is the postulate of each kind of positive law. It covers two side, one side is to confirm the meaning of compel lent rule, the other side is to confirm the range of matters which should be ruled by the compel lent rules. Though these efforts could we get a text of the corporate law which is just in both in format and in nature, there is a set of rule to confirm the text's phrasing and the text's rule's rationality.The principle of consonance is the second principle in the construction of text of the corporate law. The principle is different from harmonious, because to stand by the principle of consonance is not only to avoid the contradiction, but also to make each rule in the corporate laws text system could support and help to realize between the rules. Otherwise, the aim of each rules and each rules system can not be carry out.The principle of intensifies is not in nature a coordinate principle to the principle of conformation and the principle of consonance, but it is also the important principle to construct the text of the corporate law. Because its instrument, tectonic rules, is the rules which can affect the nature, spirit, formation and function of the whole corporate law. The tectonic rules include two types of rules, the evaluation rules and the procedure rules. These two types of rules can be used in implement the principle of conformation and the principle of consonance .but the function of construction is to make the rule system of the whole corporate law an intensive and effective rule system.To sum up, the corporate law should be revised with appropriate attitudes. Firstly, the effect of the law has to be highly foreseeable. Secondly, the arrangement of the regulations should satisfy the maximization of the expected function of each article and article system. Thirdly, the discontinuity between the operation of regulations and systems and implementation should be eliminated as far as possible. Taking the above principles of confirmation, consonance and intensivism, performing the revisal of the corporate law carefully each time through meticulous aspects like standardization of narration and engineering, standardization of distribution, it is hopeful that the system of corporate law will come to maturity and achieve the tenet of the current corporate law—to promote the benign autonomy of the corporate ,to protect small shareholders and corporate debtees' interests.
Keywords/Search Tags:the construction of text, protect small shareholders, corporate debtees' interests
PDF Full Text Request
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