On The Autonomy Of Company

Self-governing of the corporation is the presentation of private law self-governing in the company field; the company is the artificial person in law, having the legal personality, the characteristic of acting like an individual, Self-governing of the corporation is the protection to this private right. It can be divided into narrow self-governing and broad self-governing, internal self-governing and external self-governing. There has been lack of commercial tradition for long in our country, planned economy is implemented, the personality of the enterprise is absorbed by the government. The first was enacted in 1993. which was actually a company control law because it served the national enterprise reform and the outdated legislation technology and other reasons etc. There were many thresholds and limitations from the emerging to the running and disappearing of the company. The company constitution was thus reduced to the formatted document of the industrial and commercial departments. The free meaning of the shareholder and the company could not be incarnated , it became the obstacle to the economic development of our country. The new enacted at the end of 2005, exhibits and ensures the self-governing of the company as the soul of this law, it reduces the standard of the company entrance, gives much bigger self-governing space to the company constitution, reduces compulsory regulations and increases voluntary regulations. My article begins from the regulations structure of the and the company constitution, discussing the self-governing of the company, and proposing some suggestions to the self-governing of the company. in nature is public law or private law? Compulsory law or voluntary law? How to ensure the self-governing of the company through various voluntary regulations? What is the role of compulsory regulations in the self-governing of the company? Studying on the legal regulation structure of the company law, analyzing the influence on the self-governing of the company by the compulsory regulations and voluntary regulations are the important methods to discuss the self-governing of the company meaning. The first part in my paper discusses the nature of the , compulsory regulations and voluntary regulations, sums up compulsory regulations and voluntary regulations, and analyzes the interactive relation of the regulations structure and self-governing of the company.Company constitution is self-governing. It is the internal organization and behavior rule within the company, is the constitution of the company. It is at the same time the agreement of the company parties. It exerts the same sanction to company members and company affairs. It is in nature private regulation. It is legal and valid as long as it does not offend the rules of compulsory law, public order and good custom. Company constitution is the important carrier and way to realize self-governing of the company. Then, What is the relation between company law and company constitution? How does this relation affect self-governing of the company? The second part of my article states about the relation between the regulations in company law and the company constitution and the influence on the self-governing of the company by the company constitution, and sums up and compares the voluntary written items in the company constitution.Market economy is not only the free economy of the civil main body, but also is adjusted by the social great production. Complete self-governing has it narrow aspect, company is not only the civil main body in self-governing of meaning, also needs to take social responsibility. Studying on the company meaning of self-governing, you have to study on the adjustment and corresponding between company meaning of self-governing and company social responsibility, how to protect the interests of middle and small shareholders, and how to protect the interests of creditors? how to protect the interests of each relevant interested party of the company? How to arrive at the efficiency and fairness in the same level and the balance of each interest. Therefore, the space for the company self-governing is also the research content needed by my article, the third part mainly tells about the details of company self-governing, theoretical root and self-governing space.The fourth part summarizes the significance of company self -governing, analyzing the current problems existed in our company self-governing and legal system, and puts out the counter-measure and suggestion, which is the main theme in this article.Chief research methods in the articles include comparative research, legal explanation, summarizing and analyzing, and demonstration research.