Study On Legal Issues In Contract Management Of Limited Liability Company

Contract management of Limited liability company is still a frontier issue in theresearching of corporation law in our country at present. It is an attemption withChinese characteristics of business associations under traditional impact. The specialposition of contact system in our country supplied a survival soil for the contractmanagement. Its inherent conformation with the national conditions and its inignorantpositive affection have made contract management of LLC become commonly activein our country’s economic field during the recent years. However, contractmanagement of LLC itself run in the opposite direction with the reform of modernenterprise system. Modern enterprise system emphasizes the right separating forrestriction, while contract management of LLC insists on the specialist centralizationin contract management, therefore it stands on the position of challenging thetraditional constitution of company management.This article pointed out that the commonly existence of contract management ofLLC has its rationality by analysing contract’s legality. It is a kind of expressionautonomy of will of parties in the company management field,and it is also acorrection of those bias in corporation law’s design system. It can fully explore theproficiency of LLC, optimize the mode of company management, and play itsprofessional skills. However, the unackowlegement of the corporations’ contractmanagement in the judicial practice in a long term leads to both sides of contract’ sdisuse of the controversy on effect for pursueing their maximum profits,or tearing upthe contract wantonly. As a result, the phenomenon of violating the integrity andabusing the law is commonly seen during the course of corporation’s contractmanagement.Of course,we conform the legality of corporation’s contract management, at thesame time, we have to confess that it has many legal risks and conflicts due to itsviolation of the rules of internal organization mechanisms in corporation law. Forexample, the confusion between contractor personality and corporation personality,contractor’s disuse of contract rights, and the deficiency of corporation legalpersonality etc. But we can not give an overall negative on corporation’s contractmanagement only for its passive affection, while we should regulate it correctly, guideit rationally by using innovative and referential ways, expecting that it can play an active role and eliminate its passive affection maximally, to make corporation’scontract management, which is a kind of form in corporation management withChinese characters, be full of vitality, and become an effective complement ofcorporation law system, and inject new blood to the construction of socialism marketeconomy.