| Liberalization is to point to a country’s government some things to limit or regulations have been relaxed, these things usually refers to the social (internal affairs) or economic policy,.And for the liberalization of company law can still be used in this definition, The company not only created most of the wealth in the world today, and also becomes the people most often used to operate the business tool. Of course as the company law regulating the organization and activities of the law of the importance of the company is self-evident.. The company is in1999,2004to1993"company law" two revision, and in2005for its further revised formed on the basis of the it to1993"company law" made many innovative regulations. In the context of social responsibility, company law shall be the value of the company and the ability to recognize, established all the stakeholders fair distribution of surplus principle.In the context of social responsibility, company law shall be the value of the company and the ability to recognize, established all the stakeholders fair distribution of surplus principle [[1] LiuYaLi. Social responsibility context the new development of the company law principle [J]. The national information (theory research),2011,. The past planned economy model and market economic model of the opposition, and governments on the enterprise of the various restrictions, make economic development has been quite a degree of suppression., And the directly affected the economic benefit is not maximize development, and now with economic liberalization development, And with the perfection of the market economic system, and other countries in economic terms the easing of capital flowing on the profit of the highest natural areas, these areas so produced the company, the company system let capital and people to the areas with the best source of profit.. Because the company this economy moving of physical that the most of the capital and the most outstanding person origin to the region, so the company system of course need liberalization, so that it was easy to material and the flow of talent., The company has produced a standard company appear natural law, just as its name implies "company law". In different countries the political system,, Especially in the legal system, company law have different definitions and structure, this also is to research the company and the company law has a vital role.. Throughout all countries, many scholars emphasized U.S. and European companies management, Asian companies management level differences such as ownership shares topic, though in fact from the point of view of all the countries and regions of each company and the company law but each has his strong point, but the company’s organizational form, inside the generality of the legal character of the level they had many similarities, and they are faced with this a similar set of problems to be solved, For example:the output of the company from including shareholders, employees, creditors and even community in many main body common investment; Real use hard express contract to prevent avoid responsibility or rent-seeking behavior, company law should play an active role; Corporation law establish the company for coordinating architecture, and the team members will enjoy the rights to the company, the control of the assets of the team to coordinate framework; The board of directors in the frame of the highest status, with absolute assets use authority., In addition, countries in company management and the development direction of the company to a great extent, team production theory and the board of directors center mode have in common, with contract theory as the starting point, the board of directors of the emphasis on the leading position in the company management, the company should pay attention to this, should not blindly cut the board of directors of the independent space..This article from abroad the freedom of the middle ages on the liberalisation of the contract drawn origin, The article expounded the freedom of contract in the19th century got the full development of the cause of the unprecedented, Western countries is gradually through the industrial revolution establish market economic system, in this economic environment for the free trade provides economic basis;, And in the political representative democracy is a freedom of contract provides political security.. In a series of basic guarantee of freedom of contract got the smooth development, this article from the aspects of company law liberalisation in the liberalization of the company law in the process of the development of function and development, and the specific into six chapters to discuss:. Chapterl:the introduction,, The paper studies the purpose and significance of Through to the liberalization of the definition and connotation of analysis, combined with the past and present company law today revised content describes the company formulated and revised in the implementation of the liberalization of the theory..Chapter2:From the source of the liberalisation of the company discussed the content of the freedom of contract, at the time the19th century world of specific historical background, That of western countries gradually through the industrial revolution establish market economic system, the economic environment for the free trade provides economic basis; And in politics representative democracy is a freedom of contract provides political security; For cultural thoughts, humanism philosophy thoughts, Liberal economic theory and classical natural law theory for the freedom of contract provides theory basis.. In this series under the conditions of the contract freedom produced and development for future liberalization have laid a good foundation.Chapter3:China company law and correct and relevant judicial explanation which implement the liberalization of always concept, From the western sea caravan to the history of our country above the Chinese and foreign trade and cultural communication traffic and road sea passage channel namely "silk road" of the company is the origin of the company law creation origin to the company. Corporation law and contract free play development and improvement to provide the most original basis, and then to the domestic and foreign general now of "contract" understanding that we are constantly in the company law practice to carry out the cause of development of the liberalization.. And through the December25,1999, the ninth session of the National People’s Congress standing committee meeting13modified the company law, August29,2004tenth National People’s Congress standing committee meeting11again modified the company law, on October27,2005tenth National People’s Congress standing committee meeting18to make a comprehensive company law change this several times to the reality of the liberalization of company law Tuesday. Chapter4:from the reality of contemporary company law in the analysis of his natural to the liberalization of thought. China’s reform and open policy before to after the reform and opening, and from home and abroad were analyzed. State of the company law of company registered capital, investment scope, the proportion of capital contribution, the scope of the foreign investment company, the shareholders to our country in the new company law carry out analysis reflects the liberalization of the progressive ideas.Chapter5:from over the years to expand the liberalization of company law after all the good things that do get to pay attention to the existence of the crisis, The financial crisis is a very good example, financial crisis is not received constraint and the liberalization of cause, so from the analysis of the financial crisis of the liberalization of company law under the present situation of the development of, cause, development direction, etc to analyze how we respond to the liberalization of the lead to too much damage.Chapter6:the new company law law detailed legal content respectively expounds in company law changes reflect the series of changes and theory, Including:the articles of association, and registered capital of the company, the company of capital contribution of the way the status of the participants, the company, limited liability companies and joint stock limited companies, public companies, accumulation fund, bond stock on the analysis of the meticulous. The revised company law that continually add liberalization theory, it makes us more determined to go the way of the liberalization of company law..Chapter7:to summarize the above point of view, To improve from the system of socialist market economy and greater scope to capital market optimize the allocation of resources of the purpose of the function of knowledge from the macroscopic and microscopic up the reform of the company law, And puts forward constructive Suggestions.,... |
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