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Research Of Foundation Of Legal System For Technology Company

Posted on:2020-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:W C LinFull Text:PDF
GTID:2416330572490085Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Technology companies came into birth with the transformation of economy growth.Technology,from iron and chemistry in Steel Age to computer and communication in Information Age,features artificial intelligence and high-end manufacturing,showing different sides of itself.Corporation law system that accompanied with technology evolution has developed from franchise,free competition to antitrust,which has shown tenacious vitality.In modern times,technology companies that focus either on the development and research of technology or innovative service have become an irreplaceable part of economic growth.On the basis of affirming the existence of technology company,this paper takes methods of normative analysis and empirical analysis to compare technology companies with general companies,and discusses about the trend of technology companies and the improvement of relevant laws,especially on corporation laws.As technology companies flourish,the corresponding legal system demands optimization.First,this article defines the concept,tracks the theoretical origin,and clarifies identification standards of technology companies.Technology companies are technical and innovative,pursue profits but also contribute to public welfare,and have both human nature and materialistic attributes.In addition,this article discusses the necessity of the development of technology companies,deeming that an inevitable result of the company's development and institutional evolution.Secondly,this article analyses core demands of the development of technology company and the relevant provisions of current laws.In terms of investment methods,technology companies require human capital investment to stimulate the innovation activities of technical talents;in terms of operation and management,technology companies require practice of dual ownership structure to ensure the inclined allocation of decision-making power;in terms of financing methods,technical companies need to change the current mode of indirect financing and directly obtain the support of the capital market;in terms of mergers and acquisition transactions,technology company requires less supervision to ensure fast transactions to maintain the competitive advantage of enterprises.These claims and the existing corporate legal system cannot be fully coupled,resulting in a certain conflict.Furthermore,this article discusses the logical starting point of the construction of the legal system of technology companies from a macro perspective.Technological innovation,monopoly and competition promote each other.On this basis,the construction of the legal system of technology companies should focus on the original intention of legislation of "incentive" rather than "control" and follow the legislative style of "decentralized legislation" rather than "integrated legislation".Finally,according to the two approaches of "organizational optimization" and "behavior optimization",this article puts forward some specific ideas on the construction of the legal system of technology company.On the one hand,it is important to ensure the flexibility of corporate governance and reduce the institutional cost of corporate operation.Also,it is vital to optimize the governance level of the board inside and introduce institutional investors from outside to strengthen the restriction and supervision of the company;On the other hand,by acknowledging the legitimacy of human capital contribution,improving the reform of the capital market and easing the restrictions of corporate transactions and mergers,the development of technology company can be stimulated from the aspects of investment,financing and mergers and acquisitions,so as to effectively form institutional synergy.
Keywords/Search Tags:technology companies, human capital, organizational optimization, behavioral optimization
PDF Full Text Request
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