The Thoughts Of Restricting Qualifications Of People Deprived Of Political Rights As The Company's Senior Management

The non-public economy has made considerable progress since the Chinese economic reform,which makes companies become main participants in the market economic activities in our country.The senior level managers of companies pursue maximized profits and are considered as creators of social wealth and material progress.The expansion of the size of the company has gradually strengthened the power of directors,the conflict and inequality between the interests of the managers and participants,and the moral hazard of the company's managers,all of which have prompted the companies to legislate to impose ethical constraints on senior level managers,in order to protect the concept and value.However,the actual effect of the legislation is open for discussion.This paper attempts to analyze the nature of senior management qualifications and to discuss the limitations of the Company Law regarding the deprivation of political rights as the company's senior level managers.The first part introduces the content of deprivation of political rights,as well as the circumstances and problems of the criminal usage of the penalty in Chinese legislation,especially for Company Law.The second part combines the comparative analysis of extraterritorial legislation,sorts out the countries that set up deprivation of political rights,and draws lessons on its advanced point regarding the company's senior lever manager qualification restrictions.It can be found that the countries with better economic and social development,the negative qualifications for senior management were caused by violations of the company's laws,rather than adopting a “ clean cut” approach because of deprivation of political rights in China.The third part focuses on the analysis of the essence of deprivation of political rights punishment.From the perspectives of qualification punishment and administrative punishment,and the deprivation of political rights penalties restricts the senior management qualifications of the company.In the end,based on the above two properties,the author proposes that the punishment of arbitrage bundles attached with subsequent results should be used to restrict the qualifications of the company.That is,the Company Law should clearly define the qualifications requirements,or adds punishment against qualifications of senior management.