The Unification Of Meaning Autonomy And Restriction

In the law of corporation an important principle is the company meaning autonomy. Therefore the company may decide company's business to a great extent, just like but individual freedom is the establishment, in does not affect in other people free premise to be the same, company's meaning autonomy also needs to receive certain restraint, namely company meaning autonomous rules and regulations. However, when needs autonomous when to need to carry on the rules and regulations to the company, autonomy and between rules and regulations boundary in where, whether can unify some standard to come up, this is precisely the answer which this article needs to inquire about. In this article structure is divided three chapters:The first chapter, meaning autonomy of corporation. Mainly carries out official duties in the judicature the meaning autonomous foundation to start to elaborate, divides two parts to carry on the analysis specifically, namely company autonomous rationale and economic basis. After having the foundation, the author the articles of incorporation autonomous law space carried on to our country law of corporation in has combed, obtains in some kind of degree company's meaning autonomy is the articles of incorporation autonomous conclusion. Then, the author brightly understands to the company autonomous manner, must respect the company fully the meaning autonomy.The second chapter, meaning autonomous rules and regulations. This part mainly elaborated three questions: 1st, the company governs mechanism; 2nd, company autonomous judicature limit; 3rd, compulsory standard boundary. In talking about the regulation of company autonomy, we only know first corporate governance mechanism, including corporate governance structure and pattern of the connotation, after more deeply, can in legislation level and judicial level to specific discusses the autonomy of company law rules. So in this paper of company management mechanism, the author to mandatory standard after the role, stereotype and how to realize the analysis. Then, put forward the company does not exclude the judicial intervention autonomy, and the argument of the judicial intervention function changes made more concrete.The third chapter company autonomy and the rules and regulations of unity. In our company law both interesting part of autonomy, but also to autonomy of regulating the part, however, after analysis, some aspects can be more autonomy, such as when a company is established monetary capital contribution to the company can, shareholders' contribution of the property of the categories can be more diverse, the price of the stock issue whether can only benefit price and not less than the size of the board of directors face issue, problem and so on; Also some parts can be more regulation. Every law has its spiritual essence, autonomy and regulation of the best dynamic balance can be unified in corporate social responsibility.