A Study On System Of Legal Representative

Our country’s legal representative is the special company representative theoryof China. The theory came from the former Soviet Union in the1830s. With thechange of China’s national conditions and development of company,《GeneralPrinciples of the civil law》defines it as “according to the law or the articles ofincorporation, the legal representative is the head who perform the duty in the nameof the company”, legal representative theory play an important role during thejuridical person governance system, because according to the law, the legalrepresentative is the only legal organ which can effectively express the juridicalperson’s opinion. While the current provision regulate that legal representative canonly be held by a single natural person and compulsory provisions only be either thegeneral manager or the chairman, which cause lots of shortcomings: for example, thesingle natural person is limited by ability and time, will limit the development of thecompany,under special circumstances can lead to the absence of companyrepresentative organ、ambiguity of power and duties, and so on. The paper has aimportant significance by exploring the juridical person representative system toperfect the juridical person government, regulating the behavior of the company.The first chapter introduced our country’s legal representative system. Firstlysummarizes the concepts of legal representative system, explore its origin anddevelopment, then clarify the legal representative system’s significance to thejuridical person governance.The second chapter discussed the current condition of legal representative systemin our country. Firstly summarized the constitute of legal representativesystem,including the subject、rights and obligations and responsibility; secondlysummarized the characteristic of our country’s legal representative system; lastlydiscussed the shortcoming of our country’s legal representative system, such as existsdefects of the legal representative qualification review.The third chapter introduced the legal representative in the Continental lawsystem and Anglo-American law system, enlightenment to our country.The forth chapter is about the improvement of the system of legal representative.Including perfecting the qualification review system of legal representative、perfectingthe rights and responsibility system、perfecting the supervision.