Research Of The Mandatory Norms Configuration In The Corporation Law

The type selection and configuration of the legal standard affect the legislation,the enforcement and the judicial of the law, even the competitiveness of the law.Mandatory and arbitrary types of the legal standard are the important points in thecivil and the commercial laws, including the company law need to be cared.Combined with the research of the company law that configure and apply of themandatory is one of the focuses in the study. Specifically, the core of the mandatorystandard configuration in company law mandatory is to define it and configure theproportion and the scope. Within the way of the mandatory standard configuration incompany law mandatory need to be handle the facultative between the mandatory andthe proportion type, the relationship between the law and the autonomy of thecompany, and to purpose of the legislation. There are some differences among themarket in China and the other countries, there are more problems of the corporategovernance and the financial fraud in China, and the management of those problemsneeds the mandatory type, based in this background to study the mandatory standardconfiguration in the company law has important affect to play the company lawfunction to regulation the market mechanism.This study make the mandatory standard configuration in the company law as theobject, combined with the analysis methods including the theory, the case andqualitative to analysis the problems. Based on the views of the representative research,combined with the company law regulation, and classified the mandatory standard inthe company law to analysis the object. Then combined with the revised contentcontrast and the corporate governance in China to analysis the effective and theproblems of the mandatory standard configuration in the company law and putforward personal view.Through the background, the purpose and the theory of the mandatory standardconfiguration in the company law to straighten the view of this study. Then combinedwith the theories to introduce the connotation and the legislative consideration of themandatory standard configuration, then analysis the legitimacy and the limitation. Emphatically from the method, the technology, the expression and the judicialapplication of the mandatory standard configuration in order to combined with thetheory and the situation to rational configuration the mandatory standard. Through thestudy we can summary that the mandatory standard configuration in the company lawhas important effective to the function play and need to be cared within the problems.In the practice we need to be cared and apply the mandatory standard and that usefulfor the function play based on the legislation, the enforcement and the judicial.