On Improving The Representative System Of China’s Corporation

The company representation right in China mainly refers the legal representativesystem which is established by the article13of "Company Law". Affected by the "Rulingenterprise" concept of the planned economy, the legal representative system has thecharacteristics of legality and uniqueness. With the deepening of the market economy, therepresentative system revealed many malpractices in the practice,such as rigidity,representation of abuse, lack of resilience and other defects. Therefore, the provisions of"Company Law" on the company representation right are difficult to adapt to nowadays’srapidly changing commercial activities.This article mainly revolved the company representative right.The paper is dividedinto introduction,body,and conclusion in three parts,and the body consists of thefollowing four parts:The first part is an overview of the company representative system. This section firstdefines the basic meaning of representation company. The writer defined and analyzed theconcepts of the company, representative organization,corporate representative,etc,andcompared some relating conception. Thus this section introduced the general classificationof the company representation right and the theoretical basis of the company’srepresentation system.The second part is the right company on behalf of the legislative system comparison.This part introduced the legislation mode of the civil law countries and the common lawcountries in distinguish,and then the part has summarized some advanced legislativeexperience of the legislation of the company representative system, and the contact and thedifference each other. The overseas countries and territories pay more attention to thecompany autonomy with the development of company representative system, which notonly can improve the company efficiency, but also guarantee the safety of transactions.Itprovides the foundation for improving our company representative system.The third part is the investigation of our country company representative system. Thispart first introduced the characteristics of legality and uniqueness which our company representative system has. The next,the part made the investigation to the legalrepresentative system from theories source, the history source and the realisticsource.Thirdly the part had particular emphasis on analysis and argument of the problemsand irregularities that the legal representative system has. These disadvantages not onlyharm the economic efficiency, but also do damage to the security of transactions.Thus toimprove the representative system of our country company is very necessary.The fourth part is the improvement of the representative system of our country. Basedon the principle of improving economic efficiency and the security of transactions,the partsuggested we improve our company representative system from four aspects such asstrengthening the company autonomy, expanding the scope of subject of right of companyrepresentative right, perfecting the supervision and restriction system and improving theliability investigation mechanism.