The Research Of Manager Legal Status

The phenomenon of“Managerial Revolution”which is the product of socializedproduction, along with the separation of company ownership and management rights.Today, if a company wants to survive and develop in the information age ofincreasingly fierce competition, professional management would be moreimportant, and managers as talent with professional management knowledge fitthis need. At the same time, the expansion of manager power also becomes a problemwhich can not be circumvented in modern corporate governance: namely thecontinuous expansion of manager power promotes the development and growth ofthe company, while the company also exist significant risk. Manager uses thepower transcend law to erode the interests of the shareholders, which at a certainextent also affect the development of the company.This paper in detail based on the concept of “manager”, from the Angleof comparative law discusses the manager position in corporate governance aboutdifferent countries; further investigates in traditional corporate governancetheory basis and the authority of the manager, powers and obligations of themanager; analysis in the rapidly changing modern society, the limitations ofthe original idea and legal framework for manager; for the reality of the changein functions and powers as well as the current law system of managers, putsforward a new manager authority theoretical basis based on the construction ofprofessional ethics by law, the company’s articles of association and managerthe three coordination manager system. Hope to find a new idea about the managerrole in the new situation, and as a useful attempt to improve our manager system.This paper consists of preface, text and epilogue three parts： Preface: using Gomes electrical appliances control to simple state theorigin of company manager problem, and manager problem in the development ofmodern society, for the below to discuss the transmutation of manager authorityand build a perfect manager system.Text: consists of five parts. The first part, from the perspective ofhistory defines manager’s connotation and denotation, and manager’squalifications, clearly knows managers has great significance for a moderncompany and a country’s economic development, and it is necessary for countriesto manager qualifications for specification. The second part, from the Angleof comparative law enumerates two big law countries about the legal status ofmanager in corporate governance theory and system, further discusses managerwho plays multiple roles within the company’s normal operation. The third part,combing the theoretical basis of traditional company manager authority, besidesmanager powers and obligations, pointing out the existing theory and system isnot enough in dealing with the problems which were brought about by the expansionof manager power. The fouth part, discussing and anglicizing a series of problemsthat were brought about by the expansion of manager power and the enhanced roleof manager, further revealing the original theory and system have insufficientto effectively regulate and constraint manager malfeasance and abuses. The fifthpart, in view of the above five parts state the corporate governance problembrought about by the manager’s authority expansion, from a new perspectivediscusses the theory and authority of manager system.Epilogue: in summary, full text points out that with the establishment ofmodern enterprise system, the “manager” role in the company’s developmentprocess plays a important role. However, with the wave of “manager revolution”,the expansion of manager power makes the company’s existing authority in the blur and the balance of company power is imbalance. In order to solve thissituation, China’s “Company Law” and other relevant laws and regulationsshould further improve the manager system, adhere to this position of thesubsidiary bodies of the manager is not an independent company authority butto the Auxiliary Board, which is responsible for business specificimplementation. In order to avoid managers erode the legitimate rights andinterests of the shareholders and the companies, it is necessary to limitmanagers’ power.