The Company's Articles Of Association Limited Research Of Freedom

For countries to adopt the company autonomy theory, corporate governance of our country "company law" specific provision, to the shareholders of a company to create a self management on the basis of the articles of association. The company's articles of association the company's management structure, norms of the rights and obligations of the shareholders of a company. Free company law reveals the new era to the articles of association of the company value and idea, but the company's articles of association freedom makes facultative expanding in the company law and corporate governance, market economy inherent defects gradually highlights, in the practice of the shareholders of a company to autonomy charter profited, makes the corporate social responsibility, the social contradiction. Existing rules of company legal system, lack of guidance, the company shareholders abuse of freedom theory in the articles of association of a company, and shows the tendency of complication.The company law to expand the scope of the company's articles of association autonomy, give the company more autonomy space, at the same time weakens the law mandatory, narrowed the external intervention force. If unlimited autonomy is practiced in the company's articles of association autonomy, in violation of the provisions of the company law, is bound to cause a lack of corporate social responsibility, the infringement of the legitimate interests of others, and even lead to death, therefore, the government free control is necessary for the articles of association, emphasis on corporate social responsibility is the company's articles of association is supposed to have function. If the government controls the degree of intervention, reasonable, moderate will play a positive role to the development of the company, the company and the harmonious balance state, enable the company to efficient and sustainable way of development and growth. So, the company's articles of association autonomy should be under moderate government intervention, so as to achieve the company's articles of association autonomy and balance between government regulation.This article starts with the basic theory of freedom restriction to the articles of association of the company, to discuss the company's articles of association of the abuse of freedom definition as well as the company's articles of association all sorts of performance, raises the necessity of freedom restriction to the articles of association of the company. Followed by a discussion about the company's articles of association of the two law systems abroad freedom restriction of legislation practice and theory of law, and then lead to our domestic company law on the limitation of freedom to the articles of association of the company law, the judicial practice of the status quo, explore the problems of the domestic legislation, at last, through four aspects to our country free of restrictions to the articles of association of the company has carried on the theoretical discussion, hope for our freedom restriction to the articles of association of the company system and social practices provide a good way.