Txe Company’s Articles Of Association Autonomy Boundary Analysis

For the company’s internal management, all countries company autonomy, the company internal things according to the discussion and decision, shareholders will not according to the national will to arrange. The company law of the People’s Republic of China stipulates that to shareholders for the company’s articles of association as the principles of self-management. Therefore, to develop the company’s articles of association has become the indispensable important condition in the process of set up in the company.Come into force on January1,2006of the articles of association of the company law stipulates clearly the autonomy to make facultative expanding in the company law, give company broader autonomous space, in corporate governance plays an important role in management. Of company as the main body of market economy at the same time, must be in accordance with the feature of the free market economy. But because of the market economy itself has defects, need the country carries on the macroeconomic regulation and control, the company’s articles of association autonomy also needs constraints, rather than give it freely without any restrictions.Look at the world from the perspective of philosophy, everything is relative, not absolute. So the company autonomy is not equal to the absolute autonomy, without any restrictions. Therefore, articles of association autonomy as the product of the company autonomy under the market economic system, is bound to be affected by national macroeconomic regulation and control means--legal restrictions and constraints. The author thinks that company law as private law, the articles of association autonomy ought to be punished, certainly can be bound by the old company law shareholders, make company become rigid, seriously hindered the development of the company. The new company law, changed the standoff. New company law by "prescribed by the articles of association", the company rules and regulations method fill and modify the right gives the company’s articles of association, that company has the application space of greater autonomy.The company’s articles of association autonomy for rigid loosening, discharge chain management way, to the company to provide unprecedented freedom and opportunity to grow. But the freedom is relative. In order to protect the third person, creditor and social public interests demand, the company’s articles of association must be autonomous to draw boundaries.This paper consists of introduction, body, conclusion three structure. The text consists of four parts, respectively is:The first part is the theoretical analysis of the company’s articles of association autonomy, through the analysis of the theoretical foundation of knowledge. First clarify the concept of the company’s articles of association, content, and then introduce the legal nature of the representative theories to the articles of association of the company and related evaluation.Intervention in the second part is the autonomy of company charter, divided into two aspects:one is to analyze the law limit the cause of the articles of association autonomy. Followed by defining the intervention goal of the company’s articles of association autonomy.The third part discusses the company’s articles of association autonomy boundary, respectively, for the company’s articles of association autonomy principle of determining boundary, standards based on the analysis, how to determine the company’s articles of association autonomy boundary.The fourth part is the company’s articles of association autonomy boundary "twilight zone" of the law to solve, first of all analyzes the articles of association autonomy boundary "twilight zone", the second in view of the "twilight zone" proposed the related solution.