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Companies To Bid For Contract Research

Posted on:2008-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:W C LiFull Text:PDF
GTID:2206360212485881Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Besides the preface and the conclusion, the dissertation could be divided into four chapters.The author tries to discuss the concept and the legal status of corporate Chengbao contracts in the first chapter. Chengbao gave birth to corporate Chengbao contracts. However, the relationship between Chengbao and the authorities suppresses the development of corporate Chengbao contracts. Legal-missing Chengbao has little to do for the analysis of corporate Chengbao contracts. Therefore, consulting three typical corporate Chengbao contract cases, the author practically construes the corporate Chengbao contracts including its characters, definition and legal relationship. In addition, after comparing traditional civil trust, commercial articles of incorporation and shareholders' agreements with corporate Chengbao contracts, the author finds the position for corporate Chengbao contracts to settle down within the traditional private law system—articles of incorporation and shareholders' agreements. Thus both the legal status and legal analysis value of corporate Chengbao contracts are affirmed.The author further analyses the validity of corporate Chengbao contracts in the second chapter. The arguments of the validity between the exponents and scholars highlights corporate Chengbao contracts. Invalid party, valid party and middle party all have their own reasons, so unity of views is still far away. However, only have we drawn a scientifically reasonable conclusion for the validity of corporate Chengbao contracts, could it be necessary for us to go on with our discussion. After arguing against the popular views of the validity of corporate Chengbao contracts, the author gets to the point that there is a lot to do before defining the validity of corporate Chengbao contracts exactly. In fact, corporate Chengbao contracts are very complicated. Not only have we to analyze the articles of corporate Chengbao contracts separately, but the contractsthemselves should be viewed integrally from different angles. Setting up a logic system for validity-analyzing, the author discusses the intra-validity and outer-validity separately, then interprets clearly the validity theory of corporate Chengbao contracts. After all these discussion, the author draws the conclusion that corporate Chengbao contracts could be valid, restricted by corporate law however. And all these restrictions intrigue the arguments over the validity.After introducing the negative effects of corporate Chengbao contracts, the author argues clearly the positive effects and reasonability of corporate Chengbao contracts in the third chapter. Firstly, replacement theory that loan agreements and partnership could substitute corporate Chengbao contracts is not feasible. Otherwise, the positive effects of corporate Chengbao contracts can't be ignored. It is self-governance in corporate governance territory, it could correct the deviance of the corporate law system, it could explore the potential of limited liability corporations, it could refine the corporate governance system, it could give full play to managers' speciality. The irreplaceabililty and positive effects inject vitality to corporate Chengbao contracts, while reasonability gave birth to them. The path dependence of worship of power-concentrating culture helps to set up our political dictatorship system. Meanwhile, as basis of Chinese culture, combining with the political system, it influences the construction of economic structure. Integrating oriental concentrating-power thinking with the western corporate system, Chengbao echoes the peculiar politics and culture, therefore they are historically reasonable. Moreover, after analyzing the theory of corporate mandatory rules, the author considers our corporate law insensible, especially the overwhelming controlling rules in limited liability corporations. That is to say, taking the corporate mandatory rules as a weapon to reject the validity of corporate Chengbao contracts is not rational. In fact, the theory of corporate mandatory rules admits corporate Chengbao contracts, and allow them to develop freely. It's really a pitythat the permit is restricted by our corporate law, in some cases, it is even deprived.In accordance with the special corporate law of China and the status quo of corporate Chengbao contracts, the author thinks up a refined model of corporate Chengbao contracts. Taking the speciality of China into consideration, the author defines out a reasonably normal corporate Chengbao contracts system. This normal system is considered to offer corporate Chengbao contracts well-performed circumstances, and helps them to develop smoothly.According to the aforementioned, the author makes the conclusion in the conclusion part.
Keywords/Search Tags:corporate Chengbao contracts, validity, path dependence, power-concentrating culture, corporate mandatory rules
PDF Full Text Request
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