Property Rights Of Corporation Artificial Person And Civil Protection

The current Chinese society is well-nigh a society of companies. On the one hand, all kinds of various companies have sprung up like mushrooms in China; on the other hand, the procession of state enterprises reform to the corporation system has not to the core that the proprietary rights of property of contributive party has not been completely separated from the property rights of corporation artificial person. The individual qualification of artificial person is the base of the individual undertaking of civil responsibility of a corporation. In this case, the article chooses the property Rights of Corporation Artificial Person and its Civil Protection as the title, trying to give some initial opinions of the perfection of Chinese corporation system. At first, the article elaborates the appearance of the property rights of corporation artificial person and its set-up in China, and reviews the devious development of corporation in China. Then it states the specific characters of the Chinese current corporation system, including homological character and practical character, different characters of the property rights of corporation artificial person in Limited Liability Company, Stock Company and State-owned Sole Proprietorship Company. After that, it discusses the jurally character of the property rights of corporation artificial person and the final adscription of the property of corporation artificial person. At last, the article focuses on the civil protection of the property rights of corporation artificial person. in this article, the individual property rights of corporation artificial person are the necessity of the individual undertaking of civil responsibility of a corporation. Without the individual property rights of corporation artificial person, there, there is no individual capacity to undertake civil responsibility of a corporation, and II \[ASTER S7HE~> neither is the corporation itself The individual capacity to undertake civil responsibility of a corporation is surely on the base of it抯 the individual property rights, but the system of individual capacity to undertake civil responsibility of a corporation does not deny that, in certain situation, stockholders should undertake the implicative unlimited liabilities. In terms of the character of the property rights of corporation artificial person, the property rights of corporation artificial person does not have the definite jurally connotation. It is a kind of corporeal right and a complete right of control; moreover it is a particular corporeal right. To evaluate the property rights of corporation artificial person reasonably is propitious to achieve the perspicuity ofjurally relationship, put the limited liability of contributive party and the individual personality of artificial person on the strong property basis, let the character of property rights of enterprise be worthy of the name and make the law essential and system more scientific. The important content of protecting the property rights of enterprise is to achieve the protection of company capital. In details, it must regulate the scientific contribution of shareholders, shifting in investment properly and reducing the contributive capital, and it is also necessary to limit the distribution of dividend. Moreover, it must perfect the legislation and practice of liquidation in China in order to insure maintaining the value of state assets and p...