From The Official To The Business:the Theory Of Late Qing's Company System Before And After The "Company Law"

The operation of the modern company system is autonomous,especially joint-stock companies,the shares to determine the size of the voice,the government intervention is mainly to supervise,for a specific operating intervention is not a lot.But before the modern Chinese society,the social discourse of public rights class is higher than private right class,so the company system in China,public rights class besides supervision in all aspects of operational guidance and intervention.Therefore,the company system from immature to mature gradually,with the public right class voice become smaller and influence the expansion of private rights class,the principle is to guide the company system by government gradually transition to the merchant class.In the process,they are interdependence and cooperation,at the same time also repel each other,can be divided into two levels of the game.First system in the company,after the opium war,official and business mainly around the game,the management of the company and profit distribution form the company of the two main forms: officer tradesmen managing and patronage.Through comparison we found that the officer tradesmen managing official and business in the game is simple,mainly around the franchise and a joint is more complex and big business,should be main it increases a game-bureaucratic shareholders.Followed by at the legislative level,the government promulgated "company law" to the company system to adjust,but loopholes,the traditional view is that "company law" is the main reason of the incomplete time hasty,lack of legislation technology.But from the Angle of the big game to look,also can see a lot of big game between the impact on the "company law" provisions.Then in 1909 he also introduced the investigation in the aspect of law to express their will and interests.In this paper,chapter four expounds his views:After the first chapter discusses the opium war,the company system introduced into China,because of the lack of corresponding laws,their is no guarantee the operation of the "company",often at a disadvantage in the and foreign competition.The second chapter discusses the "company law" promulgated before several immature form.In the mode of "officer superintending and tradesmen managing",the government's position is higher than businessman,in the position of the guide supervision.In the "big business jointly organized" mode,the public rights based on equity capital and private capital for fair competition.Both models have prevention officials violate the interests of the businessman system Settings,but in the actual operation of the government officials is too strong,infringement of rights and interests of businessmen is inevitable.The third chapter discusses the government and businessmen in the legal aspects of the game,"company law" on behalf of the state will,because of the merchant's prevention and neglect of commercial habits and porous."Investigation",represents a businessman will,in the aspect of law for the government launched a struggle.After the fourth chapter discusses the "company law" promulgated,the merchant's private rights consciousness enhancement,when the government railway national decree issued after the businessman is no longer dependent on government,standing on the opposite of the government around the economic interests of the game.