Research On The Rights And Obligations Of Professional Managers In China

With the separation of the two powers,the rise of professional managers,which refers to the management of corporate affairs as a professional and has a wealth of professional management knowledge and experience of the group.The value and role of occupation managers is to use their professional knowledge and experience to improve the company's operational efficiency,rational and effective allocation of resources to achieve the company,to create greater benefits for the company and its shareholders.In China,the professional manager is a new group,because of its short development in our country,our country has not formed a professional manager system.Because of the special situation of China,occupation managers position is very embarrassing,on the one hand,most of the company hopes occupation managers to manage the company,so as to realize the standardization operation of the company,but because of the traditional corporate governance structure has not changed,the occupation managers on the surface to be entrusted with the task but no real power,the other as decoration;on the one hand,the abuse of power and occupation managers violating legal obligation to damage the interests of the company and the frequent occurrence of events.Therefore,perfecting the rules for managers in the existing legislation of rights and obligations,a reasonable allocation of the rights and obligations of occupation managers,construction occupation managers of China's system of rights and obligations to become China's legislation on the urgent need to solve the problem.China's legislation on the provisions of the subject is manager of managers,these provisions are not set in order to restrict the regulation of occupation managers,but it is undeniable that the managers of the existing legislation rights obligations and liability provisions laid the foundation for the construction of the legal provisions of occupation managers,occupation managers as a special class of managers,managers of the relevant provisions is the minimum requirement for occupation managers.Because our system is not perfect managers' rights and obligations,the provisions on the rights and obligations of all managers,there are some defects,the provisions of the rights and obligations of the managers in the company law cannot meet the requirements of the rights and obligations of the occupation managers.So aiming at the limitation of managers rights and obligations stipulated by the law,the law of foreign occupation managers,a clear legal status of occupation managers in the original legislation based on managers' rights and obligations,the re allocation of rights and occupation managers in legislation to give occupation managers external representation,and the occupation managers' rights granting,relief and restrictions to be clear;distinguish diligence obligations to the occupation managers and directors,managers clear criteria occupation duty of diligence,duty of loyalty in addition to the need to improve the existing legislation of managers.On the basis of perfecting the rights and obligations of the managers in our country,we should establish the system of professional managers' rights and obligations.