Research On The Company Representative Systerm From The Prespe Ctive Of Corporate Governance

With the continuous development of social economy， Company as an importantcommercial body plays an increasingly important role in our social economy. The study of thecompany transfers from the aspect of static system to the combination of dynamic and staticmanagement level. The company representative system plays an important role in thecompany’s operating activities. The company representative system as an important part ofcorporate governance is closely related to corporate governance. A good corporate governancesystem can reasonably configure the power, obligations and responsibilities of the internalorgans, and implement effective governance of the company. The author makes a clearanalyze about the company representative system from the perspective of corporategovernance.The first is the prevue of company representative. Firstly, the author analysis thedefinition of company representative and the company’s legal representative. Secondly,analysis the relationship between the company representative and the company’s legalrepresentative. Thirdly, analyze the theoretical foundation of the company representativesystem. Finally, analyze the company representative model of different country.The second part is the instruction of the company representative system in the positionand role of the corporate governance. First of all, briefly discusses the definition andprinciples and mechanisms of corporate governance. Secondly, make a clear analyze about thecompany representative system in the position and role of the corporate governance. Finally,analyze the system of the legal representative of the impact of corporate governance.The third part is the comparative analysis and provisions on the duties andresponsibilities of the company representative. A good tube is analyzed on companyrepresentative obligation and duty of loyalty, and analyzed the Taiwan, the United States,Japan, Germany, Britain, France and other countries involved in the duties of the two, analysisthe lack of the regulation of our country for good tube obligations and in duty of loyalty to theimperfect of content. And then analysis the Taiwan, Japan, the European Union and other countries of the regions to the company representative responsibility, the relevant provisionsof the comparative analysis it is concluded that our company representative system hasdeficiencies in liability to a third person.The fourth part is the advice to perfect our company representative system. Focus on thecompany representative system design idea, the transplantation of legal system of thecompany representative, chairman of the board of directors of the company, the board ofdirectors and managers, the separation of the powers, check and balance between theobligations and responsibilities of the company representative, and put forward Suggestionsto improve it.