The Legal Status Of The Company Management

Experienced in the shareholders’ meeting of the center and the boardof directors center after the socialist, modern company management hasbegun to gradually to a manager socialism development center. As themanager in company management in the role of increasingly prominent,the power to expand, even in turn control of the company, the aggrievedshareholders and the interests of the company, the emergence of so-called"manager problem".In order to cope with the manager problem, we must first define thelegal status of good manager. And the law to the science of the subjectlocalization method, should be in the subject in the social relations system,from the participation of all kinds of social relations in the all-round graspits position.In research manager and related subject of relations, and fromtwo path can be analyzed: one is the research manager with internalrelated subject, the relationship between a company and external researchmanager is relevant personnel relationship. The former mainly include managers and shareholders, the board of directors and the board ofsupervisors and company employee relationship; The latter is mainlyrefers to the manager and trading in the relationship between each other.Through the analysis, we should defined the shareholders andmanagers as a principal-agent relationship, but at the same time, we wantto consider to science and technology, professional skills in today’ssociety, in the role of the company and pay attention to the needs of theownership attention manager, by giving the certain ownership (such asthrough using stock options this kind of incentive, the manager must giveway to shares), makes the manager can work better for the company, theshareholders for service. And the relationship between the board andmanager, relatively speaking, it’s hard to precisely define. They should bebetween is a guidance and be guidance, supervision and be supervisionand cooperation relationship, is a more complex and comprehensiverelationship. The board of supervisors and managers between is a kind ofsupervision and supervision is relationship. At the same time, themanager though also company employees, but it is different from the general company employee, and this difference is reflected in themanager has right to manager. Management of general employees.At the same time, the definition of the position of manager, mustalso discusses the manager’s power and obligations. The manager shallhave a wide range of power, it mainly includes the internal managementright and foreign foreign representation. For the manager of responsibilityshould be more attention on the manager of the burden of obligations.The manager as senior executives, mainly responsible for the industryobligations and duty of loyalty two kinds. And the company law in Chinato manager the duties of too general, should be further enrich theconnotation, thought to offer more precise instructions practice. Finally,should return to the reality of China’s specific background, fully respectthe reality of our country, on the one hand, further perfect the corporategovernance structure, make relevant parties mutual contain, restriction,form a good internal checks and balances mechanism; On the other hand,fully cultivate the commodity market, professional manager market,improving capital market, give full play to the role of the market, form effective external constraint mechanism.