Company Representative System Of Study

The system of the company's legal representative is an important part of corporate personality, and it is related to the safety and efficiency of trades, therefore studying the system of the company's legal representative has a great significance.The traditional system of the company's legal representative of China doesn't fit the government of the company very well in legal technology, economy and effect. So it is necessary to for us to continue the study of the system of the company representative as to perfect the mechanism of company, to protect the legal rights and interests of the investors, creditors and to protect the order of the market economy.With the promulgation of the new company law, the system of the company's legal representative has some reforms. Although some scholars did some research on the system of the company's legal representative in recent years, there is still few articles in academe to study deeply on it, so the studies concerning this system have to be extended to some degree. Meanwhile, the system of the company's legal representative reforms, it also be worthy of our attention.The author makes research on the system of company representative from five aspects mainly by the means of comparison on the foundation of other countries' system.In the section one, it first reviews the history of the legislation, meanwhile sorting out the legal representative of the legislative and academic recognition process.In the section two, on the basis of the essence of legal person, "agency doctrine" and "representative doctrine" are clearly opposite. Considering comparatively, through comparing various of system of the company's legal representative, the author is in favor of representative doctrine. It's more reasonable to explain the relationship between legal person and the organization of a legal person and is certainly adapted to corporation.In this section, the author also analyses the advantages and disadvantages respectively to one-type corporate representative and multiple types. On the base of discussing other country's relative regulations, the author suggests that corporate representative should have more rights and freedom in business.In the section three, after a careful comparison and study of the right, the obligation to the company representative, the writer points out the deficiency of it.In the section four, the author studies the company representative under particular situations. When the company is initiated, the initiator should be delegated by the company. When there is the conflict between the director and company, the supervisor is needed; when the company gets into bankruptcy, the company must be deputized by the trustee in bankruptcy.In the section five, the author introduces traditional system of the company representative, which leads to increase the cost of the business and decrease the efficiency of the business. It also confuses the essence of delegacy and violates the self-rule principal of private law. Therefore, considering these shortcomings, the authors put forward a proposal related to China's legislation and practice to provide some reference.