Research On Legal Issues Of Professional Managers Into The Family Enterprises

With the continuous development and expansion of the size of the familybusiness, established management mode Enterprise become increasingly unsuited to thesustainable development of the family business. Family businesses are eager tointroduce professional management from outside to break through the bottleneck of thecorporate family management. However, the introduction of professional managers infamily enterprises is not satisfactory. Whether the family business which appears in theintroduction of external management personnel, what should we focuses on is how toimprove these deficiencies.The article is divided into four parts, the first part is about the definition of afamily business, then define the concept of the family business in the paper summarizesthe characteristics of the family business, and given the advantages and disadvantagesof family business. Next is another important concept appear professional managers, itsmeaning largely through the point of view of domestic and foreign scholars combed get,and then analyzed the characteristics of professional managers, these features make theprofessional managers is different from entrepreneurs.The second part of this article outlines the history of the emergence anddevelopment of professional managers in our family business, family business is theintroduction of professional managers overseas so historic, but it already appeared.Obtained through the analysis of the status of the manager of the introduction of theintroduction of various professional managers in our reality. Focus from the familybusiness, family business external environment and legal environment and other aspectsto analyze.The articles were introduced in the third part of the United States, Japan andGermany for the family business legislation regulating the introduction of professionalmanagers, the introduction of model and incentive and restraint mechanisms, etc., andon the basis of our country practice, various foreign legislative status quo and introducemode analysis, the introduction of professional managers provide a valuable experiencefor our family business.The fourth part of the article for some improvements in the second part, from thefamily enterprise in China, the external environment and the external legal environment and other aspects to improve. Specific enterprises should establish an effective incentivemechanism of property rights, internal oversight mechanisms to improve the contractsystem, breaking the pattern of the family trust; community should strengthen thesystem construction of professional managers; final legally binding behavior ofprofessional managers, and improve the relevant provisions of the Companies Act.