On The Judgment Of Validity Of Articles Of Association

It can be seen from the revision of the Company Law that corporate law norms have been hovering between corporate autonomy and governance.This unclear legislative attitude and the existence of a large number of open rules,leading to the controversy of the theoretical community and the practice of the referee.The openness of the Company Law in the way of regulation has brought great difficulties to accurately identify the nature of the Company Law.The particularity of the interests of the participants in the company fundamentally determines the diversity of the purpose of the company's laws.The dual nature of contract and autonomy law of the articles of association of the company has caused the boundary of corporate law enforcement and corporate autonomy to be unknown.The traditional methodology of the validity of the Articles of Association of the Company mainly follows the idea of normative analysis,which is only a partial consideration of the balance of interests among the participants of the company and is a static analysis of a particular time node.Only by using the system balance between the interests of the participants in the system balance,and with the dynamic balance of the balance of interest to make adjustments to the construction of the dynamic system balance methodology to analyze the validity of the provisions of the articles of association in order to truly grasp the relationship between the provisions of the Company Law and the articles of association,which can not only ensure the stability of the protection of expectations for company participation parties,but also leave enough room for the creation space of corporate autonomy,while enhancing the flexibility and adaptability of corporate governance.