Research On Company Law Regulation Of The Political Background People Serving As Company Senior Executive

It has become an increasingly common social phenomenon that politicalbackground people serve as the company’s senior executives, in the process of rapideconomic development. This phenomenon brings some positive effects, but alsoexposes some legal issues, which has resulted in adverse effects on the developmentof market economy of our country. It needed to be regulated by improving the legalsystem about company law.The first chapter of this paper, using the literature research method, summariesand presents the research topic of this paper from the home and abroad literatures：company legal regulation of the political background people serving as companysenior executives, which literatures are all about political background people servingas the company’s senior executives, include the research about the politicalconnection of company and the governance of "revolving door",and the financeannouncement listed companies, etc. Then it uses the concept analysis and deductiveanalysis methods to progressively define the concept of “political background people”and “political background company executives”, to limit the scope of research subjectfor the later discussion.The second chapter, from the perspective of company legal origin, usinginductive analysis method, literature research method and empirical analysis method,summarizes and deeply proves three legal issues, about that political backgroundpeople serves as company senior executives in our country: Existing company lawsystem lacks sufficient limitation on the “waste heat of power” of the politicalbackground people, which exposes the current law of our country lacks the effectivedocking between the company autonomy and state compulsory; The disclosuresystem of the political background company’s senior executives is far from perfect,which weakens our company’s social responsibility; And the current law is absent inregulating the behavior that political background executives serve for severalcompanies, which undermines the market order of fair competition.The third chapter uses the comparative research method, through comparing andresearching the domestic and foreign law systems about the political background executives, such as the limiting system of the “waste heat of power”, the disclosuresystem and the regulation system of serving for several companies, classifies andsummaries the foreign related legal systems’ references for us, which include theapproval system and reporting system for that the political background people, andallowing company to choose the flexible legislation mode of setting up the system ofindependent directors or supervisors, and so on.The fourth chapter uses the inductive method. This part combines with the actualsituation of Chinese economic and social, and absorbs and improves the foreign lawsystem can be used for reference，in view of the above summary legal issues aboutthat the political background people serve as the company senior executives, providessuggestions of improving our current company law system：Combining the Internalsetting with the external connection, improving the related legal system to restrict the“waste heat of power” of the political background people, to realize the law system’seffective balance and docking between the company autonomy and state compulsory;Reinforcing and add simultaneously, improving the information disclosure regulationsystem of political background executives, to strengthen company’s socialresponsibility of our country; Using the reification and expansion together, optimizingthe law system of non-compete system，which regulates the phenomenon that thepolitical background executives serve for several companies, to maintain the faircompetition in the market.The fifth chapter, the conclusion part, summarizes the research achievements ofthis paper in the aspect of regulating the social phenomenon, which the politicalbackground people serve as the company senior executives, from the vision of thecompany law system; and points out the research’s shortcomings in the aspects of theeconomic benefits and value, about that the political background people serve as thecompany senior executives.