Research On The Legal Issues Of The Organizational Form Of Chinese Companies

The organizational form of the company refers to what form exists in the framework of the current legal system.Different forms of corporate organization have different shareholders' external responsibility and different arrangement of internal organization.This is actually the basis and core of the company law.It has a great influence on the existence and function of the company.With the deepening of the economic communication between the state and the state and the rapid development of the modernization of the company law,all the countries in the world are competing to innovate and reform their own company law in order to gain greater interests in the increasingly fierce international competition,and the organizational form of the company can play a decisive role in the function of the "public justice".Role plays an important role in the reform of the company law.Therefore,the reform of the company's organizational form has attracted the attention of various countries.In this paper,the organization form of the company is the research object.The first chapter analyzes the evolution of the organizational form of the company.Through the analysis of the evolution process,it is concluded that the organizational form of the company is not constant.In the business practice,the company will be faced with the proportion of the shareholders' responsibility and the organization of the structure of the property.The second chapter examines the organization forms of Companies in common law and civil law countries,mainly examines Britain and the United States in Anglo American legal system,France and Germany in the continental law system,and gets some inspiration from the comparison with foreign countries.The Anglo American law system focuses on the substantive distinction,and the continental law system lays particular emphasis on the form distinction.In the process of law transplantation and localization,our country should pay attention to the combination of China's reality and the value pursuit of the company law.The third chapter introduces the organizational form of the company law in China and the main problems of its existence.Although China has revised the company law in the two times in 2005 and 2013,there are still unreasonable places to adjust the organizational form of the company,including the following aspects: first,the company organization The form is difficult to distinguish.At present,our country divides the company into two legal forms of the limited liability company and the Limited by Share Ltd.The two is the lack of flexibility in the form of company organization.The law strictly stipulates that the content of each company type makes the company lack autonomy.The three is that the organization of the company is lack of systematic form,and there is a foreign investment enterprise law outside the company law,which makes the companies that exist in China are adjusted by different laws and are contrary to the value concept of fair and equal.The fourth chapter puts forward suggestions for reforming the organizational form of our country.The following are the recommendations: first,from a substantive point of view,whether the company is public or not,it is divided into public companies and non public companies.The two is to increase the flexibility of the company,expand the scope of the shareholders of one person company and reduce the limitation of mandatory legal norms,so as to stimulate the vitality of one person company.The three is to make a unified legislation on the organization form of the company,bring the foreign investment company into the scope of the adjustment of the company law.