Research On The System Of Selection And Appointment The Company's Legal Representative

The legal representative of a company refers to the person in charge of civil activities on behalf of the legal person in accordance with the law or the articles of association of the legal person,and the legal consequences arising from the civil activities conducted by the legal representative in the name of the legal person shall be borne by the legal person.The company law of 1993 established the legal representative system of the company,but there are many deficiencies in the content and framework.After several amendments to the company law,the scope of the legal representative was expanded only in the process of amendment in 2005.It was clear that the legal representative of our country should be the chairman,executive director or manager of the company.From the definition of the legal representative in the company law,we can see that the company law of our country only makes basic provisions on the scope in the legislative level,and there is no detailed explanation in other aspects.On this issue,there is also no in-depth study on the representative system of the company in foreign countries,only the power of the director as a representative is defined and studied.In the practice of our country,there are some problems caused by the imperfection of the legal representative selection system,such as the selection qualification,the selection scope and the competition for the effectiveness of the representative right,which greatly damage the interests of the company.Therefore,to improve the selection system is the only way to make up for the lack of the company's legal representative system.This paper mainly discusses from the following three aspects.In terms of the qualifications and scope of the candidates in the legal representative system of the company,the conditions for the selection of the candidates in terms of age,nationality,qualification shares and other aspects are clarified.For the selection of the legal representative beyond the legal scope,the trial stage can support the original legal representative to remove the industrial and commercial registration of the legal representative under certain conditions.The company refuses to Some punishment should be given to the execution of the court's judgment.In the execution stage,the company can stop the behavior of maliciously changing the legal representative to evade the legal liability by issuing injunction,issuing ruling and taking preservation measures.In terms of the selection organ and mode of the company's legal representative,the court should be added as the temporary selection organ in case of emergency,and the legal representative should be abolished in the selection mode In terms of the mandatory provisions in the selection system,the multiple legal representative model is adopted instead of the single legal representative model,allowing the company to agree on the common representative system or the independent representative system in the form agreed in the articles of Association;in terms of the effectiveness of the selection of the company's legal representatives,the competition between the company's legal representatives is different according to the guidance of the Supreme People's court in the case In the case of conflict between the effect of the legal representative's signature and that of the company's articles of association,the company's will shall be determined by the effect of the legal representative's signature.