Study Of The Legal Status Of The Manager Of The Company

Manager is the core in the administration of a company, with the occurrence of the separation of the ownership from management and the revolution of managers. Manager takes the important role that can not be replaced by anything in the management of the company, and the power of manager becomes more and more expanded. This thesis makes an analysis of the status of a manager as a agency, organ, representative or employee of the corporate from the conception of a manager, the setting mode of law making and the source of manager's power with the method of the comparative study. This thesis study and analysis the defects of the legal status of manager stipulated in the current law and propose the polarization of manager' legal status, taking an restriction of manager's power and expect the dissection of the ponder of the manager's legal status. This thesis bring forward humble opinion of the defects in the current stipulation of corporate law in order to fish out more better opinions and promote the perfection of the related legislative about the manager's legal status.The frame of this thesis includes the introduction, body and concluding remarks .Introduction: perfecting the manager's power and legal status of Chinese corporate through the study the analysis of the manager's status.Body: comprised of five parts. In the first part , study the manager's legal status through the comparative analysis of the manager's conception in Civil law and Anglo American law, features of legislative and the setting mode and source of power of manager. In the second part, study the manager's legal status through the analysis of the multiple role of manager and the relations with the other unit in the internal structure of the corporate. In the third part, study the manager's legal status through the analysis of the legislative of manager's power. In the fourth part, study the manager's legal status through analysis the defects and the reason of defects in Chinese Corporate law. In the fifth part, bring forward a series of opinions and suggestions about learning the perfection of legal status of Chinese corporate manager through comparative study the successful experience of legislative of abroad country.Concluding remarks: Pointing out manager's status and power become increasingly high and the imbalance of power of corporate organ because of controlling weaken of the Board of Directors and the independence and power expansion of managers with the establishment of modern enterprise system. In order to perfect the system of Chinese manager's legal status and avoid and reduce manager's infringement behavior against the corporate, giving the advice that restriction of power of manager is needed.