Study On The Credit Of Articles Of Association

Part one. The logic thought and research approaches of my studyingAt first, the writer reviewed the mode of token the personality of artificial person and the relation of the registered and bulletined system, and draw a conclusion that the articles of association is a mode of token the personality of artificial person. Then the writer nailed down the definition of the credit of the articles of association from the practice aspects, and pointed out that the credit of the articles of association root in the intrinsically attribution of the articles of association. The writer analyzed the theoretical frame of the rule of the public credibility of the articles of association, and then put forward suggestions to perfect legislation and establish the mechanism of solving the collision after definite the basic theory and draw the conclusion. The article has synthetically adopted kinds of research approaches, such as sociological law, historical- analytic law and interested- analytic law etc.Part two. The structure and main content of this articleThere are five chapters in this thesis, and about 35 thousand words.Chapter oneFirst, the writer described the mode of token the personality of artificial person and the relation of the registered and bulletined system, and then clarified the inherent and the inevitable affiliation of them. Then the writer probed into the defining of the credit of the articles of association. The writer introduced defining of the British & US Law and the civil law system, last introduced and analyzed academic popular theory about it in our country. Then, writer observes and studies the topic from the autonomy angle of view; at last writer defined the articles of association, and found that the defining of the public credibility of the articles of association should include three meanings: the lay of ethic, the lay of economy, the lay of law, and at last the writer defined it.Chapter twoThis paper the source of the public credibility of the Articles of Association is anatomized. The Articles of Association has three essential attributes: credit testification for exterior, behavior rule for interior, making trade secure. According to the three essential attributes, the source of the public credibility of the Articles of Association origins from three aspects: first, government supervises the companies by The Articles of Association and their provided information; second, the command for trade information by public; third, partners' the right of knowing. The second part the system of the public credibility of the Articles of Association is constructed, including producing public credit by government' s supervision, the assumption of companies' character trust, the deduction of the Articles of Association' s restriction, the promise credit of the behaviors by Articles of Association.Chapter threeThis paper the rule of the public credibility of the Articles of Association is set up, including registration and record, the proceeding of instauration public display, the modifying of instauration public display, system query.Chapter fourIt is discussed and proved that the Articles of Association should have the credibility and the validity of the counterwork.Chapter fiveThe necessity and the chanciness of the Articles of Association' s conflicts are discussed in theory and the cases. The second part the rules of resolving the conflicts are established, the pessimistic effects bringing by the conflicts are decreased to the least by controlling before the incidents and settling after the incidents.Part three. The main conclusion and some contents need to discuss in the near futureThe main conclusion of this article is that the writer set up theoretic system which is include the public credibility articles of association for the first time. The paper included the defining of the public credibility of articles of association; and the writer pointed out the origin of the public credibility of articles of association; The writer analyzed the theoretical frame of the rule of the public credibility of the articles of association, and then put forward suggestions to endue the articles of association that was carried out the proceeding of public display with credibility and the validity of the counterwork; the author argument the conflict of the public credibility articles of association, perfect legislation and establish the mechanism of solving the collision after definite the basic theory and draw the conclusion.General speaking, the theory of the public credibility of the articles of association should includes the study of the articles of association according to different type of company. Such as the Limited liability company should emphasize to protect the rights and interests of many minority shareholders because of the privacy and the no-negotiability, the clause of the listed company' s articles of association, which aimed to guard against the purchase, should have the validity of the public display and the public trust. This problem covers widely and is so complicated that I only analyzed it on the surface according to the limitation of this thesis; even more detailed research is needed. Moreover, when I put forward my advice, these works need to discuss in the near future.