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On The Legal Person From The Perspective Of The Procedure

Posted on:2015-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:G Y KeFull Text:PDF
GTID:2296330431994049Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a legal person with its meaning ability, having independent meaning is its sign. the meaning of legal person comes from numerous members personal meanings by a certain integrating procedure of many individual meaning.In the system of the legal person,the autocratic phenomenon can be seen here and there,in which,becouse of various reasons,the meaning of other subjects replaced the meaning of the legal person owned and even reject other corporate members taking part in so that it not only leads to the meaning of legal person who cannot form or express their views,but also makes the meaning of the legal person turning out to be a personal meaning of individual members.leadership or others。The reason for forming the autocratic phenomenonin of the system of the legal person is very complex,it has various types with many dangerous.We need to regulate and take precautions against the autocratic phenomenonin and constantly improve the legal basic theory and system of the legal personThis article contains six parts,including preface, text and conclusion.The first part is The introduction which briefly introducts the main question that this paper intends to discuss and solve. This article intends to discus from the two perspective,from the nature and the established condition of the legal person, then build the corporate autocracy theory and constantly improve the legal basic theory and system of the legal personThe text consists of five chapters. The first chapter mainly introduced the conception.characteristics.types and its dangerous of the autocratic phenomenon of the legal person and put forward the problem the paper tntend to solve by reviewing the general theories of the legal person.Even though the meaning of the legal person coming from the individual meaning is different from the personal meaning,and so does each process of formating their meaning. Due to the meaning of the legal person is confused with the personal meaning of its members.leaders or managers, the autocratic phenomenon of the legal person is finally occurred, the autocratic phenomenon of the legal person essentially differs from the system of piercing the veil of the company,even. though both abusing the corporate independent personality.The second chapter discusses that the essence theory and the established condition of the legal person neglect the important role of the procedure,especially ignoring the two kinds of procedures——the forming procedure and the Sustainable security procedure of the legal person’s meaning and analyzes the theoretical cause of ignoring the two types of procedures。The third chapter discusses the legal behavior system ignoring the role of the procedure and its impaction on the system of the legal person. the traditional theory of the Legal behavior neglects the important role of the procedure,especially ignoring the two kinds of procedures——the forming procedure and the Sustainable security procedure of the legal person’s meaning.In the traditional system of the legal behavior, the resolution system is its emerging and important category.Due to the legal behavior system neglecting these two kinds of the procedures,then the resolution is contempted, as a result of these, the autocratic phenomenon of the legal person appears.The fourth chapter discusses the necessity of eliminating the autocratic phenomenon by the procedure,and it proposes that procedures should be paid great attention to in the legal behavior theory, especially the resolution process. the resolution procedure guarantees the independent meaning of the legal person and its independent meaning of persistance.The fifth chapter states to improve the legal person system and to prevent the autocratic phenomenion by mainly focusing on the perfection of the established condition of the legal person on our country. In the established condition of the legal person, adding a procedural requirements, in particular the forming procedure and the Sustainable security procedure of the legal person’s meaning.There is a number of procedural rules in the company law, the resolution plays an important role in the legal person system and we should constantly perfect it, Other legal person system should draw nutrition from the company law, In particular, its meaning form program and mean security procedure.The last part is about the conclusion. Through this article briefly discusses the diversity、severity and the importance of prevention of the autocratic phenomenon, to illustrate the urgency and necessity of the autocracy. our general theory and the system of the legal person have neglected the autocratic phenomenon, The causes of its neglect is so many, We also need not only urge to change the current situation and to establish the autocratic system of the legal person, to improve the autocratic phenomenon and Constantly perfect the basic theory and the system of the legal person...
Keywords/Search Tags:the autocratic phenomenon of the legal person, the system ofpiercing the veil of the company, the nature of the legal person, the establishedcondition of the legal person, the system of the legal action, The resolution process
PDF Full Text Request
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