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Research On The Legal Boundary Of China's Articles Of Association

Posted on:2018-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:K Y ZhengFull Text:PDF
GTID:2336330515492306Subject:legal
Abstract/Summary:PDF Full Text Request
The articles of association as the company's most important normative documents,not only in the external affairs of the guiding significance,but also an important basis for the company's internal operations.March 1,2014 to amend the entry into force of the "Company Law",due to the increase in the autonomy of the provisions and the expansion of autonomous space,in practice triggered a number of cases under the autonomy of the company's own case,the validity of the relevant provisions of the statute is also inconsistent.However,the expansion of corporate autonomy boundary is not unlimited,but the company law mandatory legal norms and arbitrary legal norms between the game of war.As defects existing in the form of the company's own statutes themselves and legal characteristics of others,coupled with the external market and the value of the change,which will affect the ultimate goal of the realization of the autonomy.Therefore,it is necessary to restrict the statute.In the delineation of the statute autonomy,we need to adhere to two basic principles,one fair and just,the second is efficiency,so as to determine the legal boundaries of the statute of the specific standards to provide guiding principles.There are still a lot of problems in the relevant provisions of the Company Law and the judicial practice.The articles of association are not only single in structure but also indefinitely.They will make the boundary of the statutes autonomous at the time of division,and the uncertainty of the specific standards.And the imperfection of judicial relief has also brought great difficulties to the settlement of disputes.Therefore,it is recommended to refer to the relevant judgment standard of the invalid contract in the Contract Law and unify the validity of the articles of association.If the articles of association are in violation of the mandatory provisions,the articles of association shall be invalid and if the call and the regulatory requirements are violated,is generally not considered invalid,unless the provisions of the national interests at the same time damage social or public interests.At the same time,it is necessary to refine the classification of the record matter of constitution,clear the specific standards of constitution and to optimize the structure of the articles by referring to the binary system structure of Anglo-American law system.The judicial problems related to the relevant disputes should be based on whether the "goodwill" as the principle of commercial judgment,hope for the interests of those who seek better judicial relief.
Keywords/Search Tags:company, constitution, autonomy, boundary
PDF Full Text Request
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