Research On The Legal Form Of Corporation In China

Abstract:The company law of our country from the effective date, although after several revisions, but has maintained a civil law countries, the traditional company classification model. In China, limited company and joint-stock company is the basic classification of company. However, with the continuous development of financial capital market, expand the commercial practice of the deep, wide field, consistent with the basic classification of ourcompany law form has been difficult and economic development pace, In depth analysis of the classification of legal form of our company, put forward some constructive suggestions from the legislative point of view. This paper is divided into four parts:The first part of the article is mainly about the shares of the company and the company’s history, understand the inevitability of this two types of companies appear. Then, the classification model of legal form world company Interpretation—mainly from the angle of law science and. Finally, through literature, summed up our classification.The second part of the article from the angle of law, the classification and analysis of legal form of our current problems of the company. On one hand, some of the provisions of limited company can also apply to locking type joint-stock companies, such as limited company shareholder inspection right of the accounting books of the company. However, shareholders of non listed shares of the company are not the right. On the other hand, some of the provisions of company shares can also be limited by applicable, cumulative voting system such as the shares of the company. Although the company shareholders have high autonomy, but if the shareholders of the company can not reach an agreement, the cumulative voting system can compensate for the limited mechanism is not perfect cause leaks.In the third part, from the world’s two largest law perspective, the model of the company legal form all over the world. The continental law system countries and Anglo American law system countries, the company legal patterns vary; between the continental law system or Anglo American law system countries, the company legal pattern differences also exist. Through the introduction of legal mode of all countries in the world, we can learn from their strengths in order to promote the improvement of China’s company law.In the fourth part, through the above analysis, put forward some constructive suggestions to further improve the model of the company legal form in our country. In2013the State Council held a meeting, some company law reform measures have been introduced. The reform allows us to see where the company legal pattern classification problems, find the direction of the reform of. The so-called "pull one hair and use the whole body", the company legal pattern classification not only brings the innovation in the aspect of legislation, and create a new situation of system of company law. Finally, some ideas about the legislation, company law system, the author puts forward.In a word, I want to pass this article analyzes the existing legal form pattern of the company’s problems, and then analyzes the reasons, and finally puts forward suggestions, to promote China’s company law perfection.