Research On The Autonomy Of Articles Of Association

Disputes about the company frequently occur in daily life. Some similar cases of disputed focus lied in the terms and conditions are valid. Similar case happened frequency is very high, such as Wanbao dispute, Aishi company, Changzhou department store, Alibaba Group, Wuhan boiler factory. Here comes a need to quickly solve the problem. Modifying the program to the articles of association of the company also creates a lot of problems.Through legislative analysis, business practice analysis and judicial practice analysis, we can understand the status quo of the autonomy of our company's articles of association.Theory in the articles of association of a company at the same time, to find the continental law system and Anglo-American law system in the company's articles of association the similarities and differences in legislation and practice, thus learning outside the present situation of the company's articles of association. Finally, the paper studies the main existing legal issues of the autonomy of the articles of association of our company: Relevant laws and regulations are more rigid. The value of the company's articles of association is not great.Terms of the effect are not very clear. It sets up a complicated program. Through the practice,we can find a good way to solve the problem. Providing the basis for theoretical research to support practice. Through empirical research we got some good measures to solve the problem. First,the elaboration about the company's articles of association of the law become more accurate. Second, policymakers give full play to the value of the company's articles of association. Third, Company law refining the legal terms of judgment standard. Fourth, the clause is clear. Fifth, the company's articles of association to protect the interests of the creditors. At the same time, we must be good at using relevant theories. Sixth, the company's articles of association of the program are trying to improve.Through analyzing the present situation of our company's articles of association autonomy, as well as the main legal problems of analysis, so as to find the perfect measures,to find the company's articles of association autonomy and the legal regulation of the border,making the company's articles of association really play the role of the company constitution.