The Legal Status Of Occupation Managers

Modern Corporation governance theory experienced the change, center doctrinefrom the shareholders to the board of directors center doctrine at present, still in theboard of directors center doctrine stage.However, with the emergence of occupationmanagers and constantly growing, occupation managers play in the company’s rolehas become more and more important, have in the company’s rights is also growing,the company’s power center has gradually to the development manager centralismtrend.Occupation managers have not been the traditional company theory of the boardof directors, board of directors, the only life is from.In practice, occupation managersfrequently "relevant obligations job-hopping" and occupation managers violate themanager, to use its growing power of manager, for their own interests to damage thecompany, shareholders and other related interests of events.Investigate its reason, oneis because the occupation managers in our time is very short, occupation managermarket is not mature, and has not formed the occupation manager marketself-regulation mechanism and occupation rules; on the other hand also shows theabsence of occupation managers in China’s relevant legislation, the existing part oflaw has not been able to adapt to the economic and social development, occupationmanagers unclear legal status, rights and obligations defined fuzzy, incentivemechanism and supervision mechanism did not play a prominent problem utilityetc..Therefore, a clear legal status occupation managers, rights and obligations ofscientific and reasonable allocation of occupation managers, incentive and supervisionmechanism will perfect occupation managers become a new topic for future research.In addition to this conclusion is divided into four parts.In the battle for control ofGome case as a source of inspiration and the writer, through the country struggle caseraises a number of columns on the legal position of occupation managers thinking, thelegal status of domestic and foreign occupation managers legislation and theoreticalresearch, in view of legal occupation managers our problems, to clear the legal statusof occupation managers, the scientific and rational allocation of occupation managers’rights and obligations and to establish and perfect the incentive and supervisionmechanism of occupation managers put forward their views, in order to make a smallcontribution to the legal status of occupation managers on the subject. The first part is the legal thinking research background-Gome dispute case.Thispart as a source of inspiration and the writer, by the United States disputes case putforward relevant legal thinking too occupation the legal position of managers, andputs forward the occupation managers causes problems and starting point is clearlegal status occupation managers.The second part is an overview of occupation managers.First of all, through thestudy on the legislation and theory at home and abroad on the manager, occupationmanagers concept, based on the practice of the company law of our country, theconcept of manager, occupation managers were defined; secondly, it is discussed therelationship between occupation managers and managers, the occupation managers isa special type of manager’s point of view; third, is the concept of the legal status ofoccupation managers were defined.This part solves the basic concept of the problemdiscussed in this paper.The third part is the research on the legal status of occupationmanagers.Research to legal status of occupation managers, to the rights andobligations of occupation managers and legal relationship with the starting tostudy.This section examines the legal status of the occupation managers multivariaterelationships at home and abroad, and the occupation managers enjoy the rights andassume the obligations, laying the groundwork for the research on the legal status ofoccupation managers in china.The fourth part is to improve the legal status of occupation managers in China, isalso the focus of this article.Divided into two aspects. On the one hand, the legalstatus of shortage occupation managers in China’s related legislation were studied; onthe other hand, in view of the existing problems of the legal status of occupationmanagers in China, from the legal relationship of occupation managers, puts forwardsome proposals to improve the rights and assume the obligations, incentive and thesupervision mechanism etc..