Application Of Principle Of Decentralization Of Power And Balancing In The Company Law

The company is the Kingdom of the "pagoda" institutions, to play an important role in the development of market economy. To development of the world economy, sound corporate governance as the National Governance, in addition to eligibility restrictions, both similar in that the separation of powers and balances. To protect the company safe, efficient and reasonable operation, the company is bound to obey some legal principles that control over the government agency itself. As the national treatment principle of separation of powers and balances applied to the corporate governance was the inevitable choice, the principle is the foundation of the Company Law. To make the reasonable separation of powers and balances, for the company among in the different agencies. Explore the inside of the principle of separation of powers and balances where in-depth analysis of the relationship between ownership and the separation of powers and balances in corporate governance. Clear to separation of powers and balances principle is the essence of the Company Law, also is the secret of the company’s efficient operation.The first part describes the general theory of separation of powers and balances principle. Detailed analysis formulation, development and improvement of the separation of powers and balances, and to clarify the regulation of the principle of separation of powers and balances in the Company Law. The second part describes the relationship between ownership and the separation of powers and balances. The first, analysis the characteristics of the modern property rights along the context of the historical development of the modern property rights. Secondly, comment that the nature of the relationship between ownership, and analysis of the relationship of mutual separation and balance of the equity and corporate property rights. Finally, derivative relationship between ownership is that the separation of ownership and management of the general meeting of shareholders, and analysis on its reason, content and nature of separation. The third part expounded the company administration of separation of powers and balances, though the analysis of corporate governance principles, compare the company administration of the different models, clearly improve the protection of company administration is the balance of interests under the separation and balance. In-depth analysis on the essence of the company administration structure is the separation and balance. The fourth part is that through the analysis of common problems in our corporate governance structure, defined that the core of corporate governance is the incentive and constraint mechanisms. Ultimately, put forward the mode of conception and special arrangements for improve administration. In order to ensure the effective operation of the company and design of the effective institutional arrangements.Indeed, in-depth study of the relationship between ownership and corporate governance structure under the separation of powers and balances is great significance. In accordance with the provisions of Company Law, the separation of powers and balances in system of property rights arrangements and corporate governance agencies, to achieve the overall situation, scientific decision-making management, business execution with supervision and verification, and peer to the market control, showing the reputation and destiny, deduct every scene of the company operating.