The Corporate Autonomy And The State Compulsory In Company Law

The relationship between corporate autonomy and state compulsory is a concerned question in the company system, which is being harmonized by company law of each country. Corporate autonomy is a concrete expression of autonomy of private law and is needed by economic and social development. But because of the problems such as market failure and lack of social responsibility, state compulsory is essential. Company Autonomy and State Compulsory are two sides of a coin, so it is very important to draw a boundary between them. Specifically, in company law there should be a balance between arbitrary norms and peremptory norms. In this article, he first analyzes the corporate autonomy and state enforcement, and then he explores the relationship between them with the methods of historical research,comparative study and empirical study, last he research the performance of the company autonomy and state compulsory in new company law.Here are five parts in the text:In the first part, he interpretes and researches the problems about corporate autonomy. First, he defines the corporate autonomy by comparing traditional with modern and china with the west. After understanding the definition, he emphasizes that the nature of corporate autonomy is autonomy of private law and corporate autonomy is the performance of autonomy of private law in the areas of the company. Last, he states the contents of corporate autonomy.In the second part, he researches the details of state compulsory. First, he defines state compulsory. Then he demonstrates the reasons why state compulsory is needed are that the market could be failure and state compulsory can promote efficiency and equity. Finally, he thinks peremptory norms are the performance of state compulsory in company law.In the third part, he draws a boundary between corporate autonomy and state compulsory. First, he states that company law reflects nature of public law based on private law and it is necessary to find a limitation to carry out state compulsory. Then he researches the boundary by learning the structure of legal norms. Last, to obtain more experience, he learns the relationship between corporate autonomy and state compulsory of other countries with the methods of historical research,comparative study.In the fourth part, he studies corporate autonomy and state compulsory empirically. Specifically, he inductive analysises the legal norms which reflect corporate autonomy and state compulsory in new company law.In the last part, on the basis of the theory and empirical study, he finds the solution of the questions which exist in practice.