A Study On The Legal Representative System Of Company In China

As the main bodies of economy activity playing a leading role in modern market economy, the company has a very strong vitality, the influence of the stock company is especially important. Western companies has made great success in promoting and ensuring the economic development, stabilizing capitalist economic order. The company has become the main form of economic organization in the western countries. Whether the legal representative system of company is Sound and comprehensive has important theoretical significance and practical application to improve commodity trading to protect security, especially the legitimate rights and interests of bona fide third, etc.Our old Companies Act maked use of only legal representation of legal representative system of company, which was not conducive to the division of the powers of the Company, lacked adaptability and competitiveness, was difficult to deal with the frequent trading and other activities, was not conducive to the protection of creditors. The new Companies Act which is modified makes provision for legal representative system of company acted by the chairman of the board, the executive director or manager. To some degree, such changes make the main body scope of legal representative system expand, but the system is still based on the Only Representative, do not resolve the negative issues confronted with by only legal representation.Based on the above-mentioned background, there are many problems on the above-mentioned legislation, theory and practice of China’s legal representative, legal representative system of company is a worthy subject of in-depth and comprehensive study. The research content of this article has a brief introduction to the concept of a legal representative, discriminates and compares the "legal representative","legal representative","company representative" and "Company agent", and outlines the legal status, responsibility of legal representative, on the basis of the analysis of the two law company systems, trying to analyze and discuss the status and defects of the legal representative system of company, in aspect of the company’s legal representative mode, civil responsibility, qualification, internal constraints makes little suggestions to supplement and improve the system, in order to provide some references for the improvement of the legal representative system of company in China.