On The Contract Management Of Limited Liability Company In Our Country

Under the socialist economic system, the economic situation vary from minute to minute, this requires the limited liability company which both have human nature and capital nature in the development process must have the capability and flexibility, as the contract management mode has played essential role in the household contract responsibility system of rural areas and the reform of state-owned enterprises, In the case of company’s internal contradictions highlights which induced by the ownership and management separation, contract management appeared in limited liability company. For the small limited liability companies, choose the contract management can not only save the transaction cost but also save the cost of corporate governance, what’s more, contract management show flexibility obviously in the management. In particular, many companies which benefit poorly through the contracting management model not only "make the dead come back to life",but also "much better then previously", The contracting company and the contractor, realize win-win situation. Contract management’s existence has its rationality in our limited liability company, But as a result of company law is not set, limited liability company contracting theory, the rational basis, the superiority and a series of problems need to be defined and analyzed. This article defined and analysis through the basic theory and practice, In order to maximize contract management’s unique characteristic superiority and promote the limited liability company.This paper is divided into three parts, in particular:The first part elaborated limited liability company contract management concept, Secondly, summarized the contractual nature of limited liability company in nature, Mainly from the contract perspective and the corporate governance structure perspective to analysis. In the final of this part, the author elaborated limited liability company contracted three features from the external form of expression, make contract unique characteristics comprehensive reflected. The second part is the key part of argumentation. Due to contract’s effectiveness of academic dispute, this paper list several points which generally exist, then forward the personal opinion. In recognition of the contract effective premise, this part detailed summarizes the contract potency determination standards, at last, this paper set up the content of contract, to make clear the employer and the Contractor’s rights and obligations. The third part introduced company governance structure’s influence and changes under the contract management mode, Then the author puts forward own point of view, Company governance structure how to deal with in order to ensure its function to be maximized and guard public interests as well as the fundamental interests of the shareholders better under the contract management mode. Finally, In the epilogue, The author analysis the superiority of the small limited liability company which choosing to contract management briefly, analysis the problems in practice and put forward the corresponding countermeasures, Not only fully affirmed the contract management advantages, but also effectively avoids the loss as the contract management’s own defects.