The Improvement Of The Theory Of Our Country Company Organization Form

As the main form of enterprise organization and market economy participants,the company changes frequently with the development of market economy.The “Company Law” should also follow the development and changes of the market to make legislative amendments with the company as the object of adjustment.Our country promulgated the "Company Law" in 1993 which established the modern enterprise system in China and underwent four revisions in 1999,2004,2005 and 2013.As well as a large number of judicial interpretation about company law is introduced,the relevant legal system is more and more perfect,and more adapt to the needs of the development of market economy.It creates a good investment and development legal environment atmosphere for people.However,the company's organizational form has not been modified after several laws revised.In practice,due to the increasing problems caused by the organization form of the company,the company law is increasingly unable to meet the requirements of the modernization of the company and the needs of the development of the times.Through check the files on Chinese referees' documents online and conduct field visits to local food processing plants,this paper introduces a lot of problems in the organizational form of our company from the aspects of corporate resolutions and organizational from selection.Then,the paper analyzes the problems existing in the organization form guiding ideology and concrete system.It is believed that the organization form of China's company lacks the material standard and the organization type is rigid.The specific questions include: 1,the internal size difference of the limited liability company is huge.Super large limited liability companies and small limited liability companies apply the same legal rules need to adjust.It leads to the emergence of "big children wear small shoes and small children wear big shoes" in practice.2,the internal differences of joint-stock company are also evident.Using same relatively mandatory company specification to adjust a limited company initiated and established by orientation fundraising of or a joint stock limited company established by public offering is not conducive to the development of non-public corporations.3.The difference between the limited liability company and the limited company is getting smaller and smaller.In particular,the gap between the two was even more blurred after the company's registered capital system was abolished in 2013.However,they are applicable to completely different rules are the embodiment of unfair legislation,which is not conducive to the long-term development of the whole company system.In the face of many problems,we should make the adjustment from macro and micro level.Researching on the form of company organization will help us clarify the substantial differences between different forms of companies and realize the unity and fairness of company legal to maintain the development of market economy better.With the reform of company law in the world,Chinese scholars have put forward their own advices and opinions on the organizational reform of the company.There are three main ideas: one is to abolish the form of a limited liability company.This model is too aggressive and will impact the existing dichotomy model.The high cost of legislation is not suitable for a large number of limited liability companies in China.Second is the limited liability company absorbs the non-public corporation.Such a model does not take into account the long process required for a limited liability company to become a listed company and the absence of non-listed company will make it impossible for limited liability company to become a listed company.Even if the application is successful,there will be a long period of transition and legal limbo.The seemingly simple and efficient reform model will involve the financing and the corruption of PE and other problems,which is not feasible.Third is refining the limited company.This model is based on the reform of France and Germany and gives the small limited liability company more autonomy and freedom,which is in line with China's national conditions.The reform cost is low and beneficial to carry out,also can alleviate the embarrassment that the closed company law applies.The introduction of “general principles of civil law” clarifies the classification of the organizational form of Chinese companies are limited liability company and limited liability company.Based on the guiding principle of “general principles of civil law”,this paper analyzes three reform modes comprehensively.It is preferable to think of a third way of refining the company.But the current of the whole company organization form change less systemic literature,this article proposes some own views on the basis of the third change mode for our country in the form of company organization system construction.We should adhere to the freedom and innovation for the whole modification of company organization form,refuse to company organization form type rigid,establish the company organizational structure and diverse benefit structure and apply diversity types of guiding ideology legal norms.Divide large and small companies within limited liability companies and limited companies according to business scale,large companies apply stricter legal norms,while smaller companies are given more full autonomy.Such classification is embedded in the company's substantial difference between standard openness and closeness,solve the problem that the internal law of the two kinds of companies is different,can enrich species in the form of company organization and provide investors with more choices at the same time.Specific Suggestions are mainly include: 1.allow small limited liability companies to apply the relevant provisions of contract law;2.large limited liability companies apply stricter corporate legal rules;3.allow the non-public limited company apply the provisions of the limited liability company;4.the listed company shall be subject to the adjustment of the securities law.Through the research,this paper analyzes the existing problems in the organizational form of our company and analyzes the advantages and disadvantages of domestic studies and viewpoints in combination with China's national conditions and foreign reform experience.Finally,the author puts forward the guiding ideology and opinions of the organizational form reform of our company on the basis of this research.It hopes that this paper can make some contributions for Chinese company's organizational reform.