Research On The Problem Of Company Autonomy And National Compulsory In Company Law

With the gradual deepening of China’s reform and opening up, the rapid development of market economy, eager to meet the individual rights and public rights form and the personal interests of the chase and the interests of the public, private standard position and society oriented position, is bound to lead to company autonomy and state compulsory oppositions and contradictions.Company autonomy to pursue efficiency, advocating freedom, advocating follow autonomy, is a necessary condition for the survival and development of the company. To realize the rational allocation of resources, the main body through the pursuit of self-interest, to meet their own purposes, indirectly enhance the wealth of society, in order to promote economic development. The national compulsory pursuit of fairness, advocate order, emphasizes the social order, is the objective of protection based on the public interest, and the Corporate Events imposed mandatory. As the main part of the free competition of commercial activities in the equal and fair environment, enhance public interests and well-being, to protect the rights of the company and shall exercise.Both have different ideas, representing the interests of different classes and value pursuit.Company autonomy and state compulsory two party although there is a conflict, but also be closely related and mutually dependent. Leave the company autonomy, only talk about the national compulsory became the ruling class patent; set aside the national mandatory, it will not guarantee the company autonomy, the company autonomy has become a paper talk. So, the two in essence is to make the company in the business activities of the operation of the economic order more orderly, more healthy, more social civilization progress. Based on the analysis of company autonomy and national compulsory starting, combined with the new "Company law" has made the related thinking.The full text is divided into five chapters, logically, generally can be divided into three parts: the first part is theoretical basis(chapter 1, 2), mainly for the company autonomy and national mandatory theory made in this paper, the origin and concept, points out its value and limitations; The second part is the analysis report(the third and fourth chapter), mainly through the method and under different view outside of the company autonomy and national mandatory, analysis about the company autonomy, the relationship between the unity of opposites between national compulsory; The third part is the empirical(chapter 5), mainly on the company’s autonomy in the new "Company law" in the display and the national compulsory autonomous intervention on the company’s performance in the new "company law" and the existing problems, and then to improve and adjust the relationship between the proposed ideas.