On The Judicial Process And Significance Of American Company Personification

During the evolutionary progress of company personification that is produced in America, the judical decisions of American courts contribute much to promote the development of Amercian company personification for the whole progress. By the ways of the judical decisions from the Supreme Court or the explicit provisions of Constitution, Europe, Australia, New Zealand, Taiwan, Japan and others draw on the experience of America to grant the constitutional position of person to company which can stand out the far-reaching influence of American company personification.Keynesian school advocates there is a theoretical assumption for state intervention: Government is all-powerful and merciful or bright with good will. But this basic theoretical assumption just is a hypothesis without any evidence to prove that government is more clever than market, so what is the good reason for government to carry out regulation to economy? Market economy doesn't reject governmental intervention which reflects some inevitability, so it is universal of economic legislation of government on regulating economy with good purposes in most situations, but all the former conditions fail to ensure the moderate economic legislation. Economic legislator can not be both player and judge at the same time, and the possibility of realizing the purposes of economic legislation and the conformance between legislative means and legislative purposes can not be proved by economic legislator himself. And as not the object of economic regulation, economic legislator has obvious posteriority on realizing the negtive consequence caused by immoderate economic legislation only when the losses have taken place and have accumulated to a certain amount; on the contrary, as the regulated party and the direct interesting party of economic regulation, company can be the main body to apperceive the immoderate economic legislation with the lowest social costs. By the way of granting the rights of natural person to company, when the immoderate economic legislation infringes the basic economic rights of company, company can make out response to governmental infringement in time by executing the right of lawsuit to promote court to make out decision. The way of granting the rights of natural person to company to counter the inappropriate state intervention meets the basic logic--comparative analysis on cost benefit of realizing the largest social benefit on the lowest social costs.By being divided into four chapters, this paper will carry out analysis from the four parts of the relationship between the democratization and personification of American company, the judicial process of American company personification, the significance of American company personification as well as the inspiration of American company personification to our companies.Chapter one carries out summary on the democratization process of American company, amd carry out analysis on the relationship between the former and company personification.Chapter two respectively illustrates the judicial decisions under the theories of grant theory and natural entity theory that company is artificial article as well as the judicial decisions which produce important influence on every human right acquired by company.Chapter three respectively illustrates the significance of American company personification from the angles of the balance between state intervention and economic freedom, protecting the economic prosperity as well as the influence to other countries.According to the inspiration of American company personification to our companies, by starting with the living examples on the human rights absence of our company, Chapter four will discuss the way to realize our company human rights according to the actual situations of our country.