The Research On Application Of Chinese Legal Representative System

Legal representative is the principal responsible person who exercise civil rights,and fulfill civil obligations on behalf of juristic person according to law.Legal representative system is an important part of Chinese corporation law,meanwhile,it is unique in the world.Legal representative system has its own merits.But with the development of market economy,new problems abound.These problems highlight the demerits of the system itself.Especially,many defects can be found in the practice of legal representative system in China that is ruled by active corporation law.These defects handicap the economic development,weaken the stability of market and damage the participants' legitimate rights and interests.According to General rules of the civil law,legal person is divided into three parts.There are For-profit Legal Persons,Non-profit Legal Persons,and Special Legal Persons.Legal representative in this research is restricted to For-profit Legal Persons.This research demonstrates Chinese corporate legal representative system's source and evolution,summarizes achievements in the practice since the reform and opening-up,and make a study of comparative law on overseas relevant systems.The point of penetration is the problems that happened in the application,especially happened during the alteration of legal representative.By dissecting the relevant cases in practice,this research summarizes their causes and believes that the dilemma in the application of Chinese legal representative system has multiple causes.Like legal representative itself has a weak sense of risk.Third-party uses the leaks of system,and brings malicious behaviors into force.But the most important reason is that there are too much uniqueness and legal orders in the design of this system.For the reasons of the dilemma,and demerits of the system,in order to solve these problems,this research offers rationalized suggestions as follows.Purify legal representative's function on declaration of intention.Amplify corporation's autonomy of will,reduce the quantity of legal orders,and enlarge scope of selection on legal representative.Consummate stamper system.Try to reform the unitary system of legal representative.